(630) 378-2200
Mon - Fri 8:00am - 5:00pm
Request a Case Evaluation

Who is Entitled to a Discharge?

Caption Placed Here

Who is Entitled to a Discharge?

§727(a) Court shall grant a discharge unless debtor:

  • Is not an individual; or
  • Transferred or destroyed property of the Estate within a year before filing or any time after filing with intent to hinder, delay or defraud; or
  • Concealed, destroyed or falsified info re financial condition; or
  • Knowingly:
  • made false oath or account;
  • presented or used false claim;
  • gave, offered or received money;
  • withheld information re property et al.
  • Fails to explain loss of assets or inability to meet liabilities;
  • Fails to obey an order of the Court;
  • Received a discharge in a case started 6 years before filing of current Petition.

Basic Discharge Exceptions: Discharge does not absolve the Debtor of debts …

  • For taxes or customs duties;
  • For property or credit obtained by fraud;
  • That are not listed or scheduled;
  • Arising from breach of fiduciary duty.
  • For alimony, maintenance or support;
  • For willful, malicious injury;
  • Is a government fine;
  • For educational loans guaranteed by the government or not-for-profit organization;
  • From a DUI fatality caused by Debtor;
  • That could have been listed in prior case;
  • Arising from fraud in a fiduciary capacity;
  • For failure to pay Federal institution;
  • Taxes to the United States;
  • Others: See §523.
  • In order to contest dischargeability of a particular debt the Creditor must usually file an Adversary
  • Upon obtaining a discharge, §524 extinguishes the debtor’s personal liability and prevents creditors from all forms of collection efforts (the “Discharge Injunction”).
  • Violation of the Discharge Injunction by creditors will subject them to contempt of Court damages.

Let us help you!

If you need any helps, please feel free to contact us. We will get back to you within 1 business day. Or if in hurry, just call us now.

Call : 630.378.2200

Request a Consultation


Are you looking for legal help?

Let us help you! Call Now : 630.378.2200