The debtor can be denied a discharge of all of
his debts if the court finds, after trial, that the debtor
committed certain acts deemed incompatible with the "honest but
unfortunate debtor".
Acts that may result in denial of discharge include
transferring, concealing or destroying assets or financial records;
making a false oath on the schedules or under oath in the case;
or failing to keep books and records from which the debtor's financial
condition can be ascertained. The complete list is found
at 11 U.S.C. 727.
Denial of discharge affects the debtor's
liability to all creditors, whether or not the debtor committed
some fraudulent act with respect to that creditor.
Denial of discharge doesn't stop the
administration of the case, either. The trustee proceeds to
gather and liquidate the assets of the estate, so the debtor
loses not only the non exempt assets but any chance of ever
discharging the debts in bankruptcy.
Discharges are not denied lightly or easily.
This is intended as a penalty for debtors who deliberately try
unfairly or dishonestly to thwart their creditors.
Debtors who fully disclose their assets and
their financial history should not worry about denial of
discharge. |