What persons are not eligible for a chapter 7 discharge?

March 28, 2008

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The following persons are not eligible for a chapter 7 discharge:

(1) A person who has been granted a discharge in a chapter 7 case filed within the last six years.

(2) A person who has been granted a discharge in a chapter 13 case filed within the last six years, unless 70 percent or more of the unsecured claims were paid off in the chapter 13 case.

(3) A person who files a waiver of discharge that is approved by the court in the chapter 7 case.

(4) A person who conceals, transfers, or destroys his or her property with the intent to defraud his or her creditors or the trustee in the chapter 7 case.

(5) A person who conceals, destroys, or falsifies records of his or her financial condition or business transactions.

(6) A person who makes false statements or claims in the chapter 7 case, or who withholds recorded information from the trustee.

(7) A person who fails to satisfactorily explain any loss or deficiency of his or her assets.

(8) A person who refuses to answer questions or obey orders of the bankruptcy court, either in his or her bankruptcy case or in the bankruptcy case of a relative, business associate, or corporation with which he or she is associated.

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