A Chapter 7 discharge is a court order releasing the debtor from personal liability on his or her obligations. However, certain obligations are excepted from discharge. Schedule a free telephone consultation to determine if you can discharge certain debts.
Debtors will obtain their Chapter 7 discharge at the end of the Chapter 7 process.
Under Bankruptcy Code 727, the bankruptcy court will grant debtor a discharge unless:
1. The debtor is not an individual;
2. The debtor has concealed assets or failed to preserve records;
3. The debtor has made a false oath or withheld documentation from the Chapter 7 trustee;
4. The debtor has failed to explain any loss of assets;
5. The debtor refuses to obey any lawful order of the court;
6. The debtor has been granted a discharge under Chapter 7 or 11 in a prior case within 8 years before the filing of the present case;
7. The debtor has failed to complete an instruction course regarding financial management;
8. The debtor has been granted a discharge under Chapter 13 in a prior case within 6 years before the filing of the present case unless payments under the plan either totaled 100% of allowed unsecured claims or 70% of such claims and the plan was proposed in good faith.
A Chapter 7 trustee, creditor, or the United States may object to the granting of a discharge. Once a discharge has been granted, the court may revoke a discharge on certain grounds.