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Q.When is a Person Not Eligible For A Chapter 7 Discharge?
A.When a bankruptcy court discharges a debt, the bankruptcy filer is no longer responsible for the debt and the creditors can no longer pursue the debt. A bankruptcy filer will not be eligible for a Chapter 7 Discharge, however, if the bankruptcy filer:
- filed for bankruptcy and received a chapter 7 discharge within the last eight years;
- filed for bankruptcy and received a chapter 13 discharge within the last six years;
- filed for a waiver of discharge that was approved by the bankruptcy court in a Chapter 7 case;
- has an income that exceeds the Median Income in his or her state;
- makes false statements in the bankruptcy case, or withholds recorded information from the trustee;
- conceals, transfers, or destroys his or her property with the intent to defraud a creditor or the trustee;
- conceals, destroys, or falsifies his or her financial records or condition;
- fails to explain any loss or deficiency of assets; or
- refuses to answer questions or obey the orders of the bankruptcy court.
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