Q
Who is eligible for a chapter 7 discharge?




A

Any person who is qualified to file and maintain a chapter 7 case is eligible for a chapter 7 discharge except the following:

  • A person who has been granted a discharge in a chapter 7 case that was filed within the last 8 years.
  • A person who has been granted a discharge in a chapter 13 case that was filed within the last 6 years, unless 70 percent or more of the debtor’s unsecured claims were paid off in the chapter 13 case.
  • A person who files and obtains cowl approval of a written waiver of discharge in the chapter 7 case.
  • 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.
  • A person who conceals, destroys, or falsifies records of his or her financial condition or business transactions.
  • A person who makes false statements or claims in the chapter 7 case, or who withholds recorded information from the trustee.
  • A person who files to satisfactorily explain any loss or deficiency of his or her assets.
  • 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.
  • A person who, after filing the case, fails to complete an instructional course on personal financial management.
  • A person who has been convicted of bankruptcy fraud or who owes a debt arising from a securities law violation.


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