Chapter 7 Bankruptcy

A debtor may be denied a discharge if he refuses to comply with a direct order of the bankruptcy court. Please note that it is very unusual for a debtor to be denied a discharge under this code section. Typically, to deny a debtor a discharge, the failure to comply with the court order, must include … [Read more...] about 3. Objection of a New Jersey Chapter 7 Bankruptcy Discharge

The fifth reason for an objection to a chapter 7 discharge is the failure to explain the loss or the deficiency of an asset. This objection is very similar to the prior objections relating to the debtor's intentions and veracity. Typically, this objection concerns a debtor who previous owned … [Read more...] about 5. Objection of a New Jersey Chapter 7 Bankruptcy Discharge

Any debtor who commits fraud, testifies falsely, withholds records, etc. will be denied a discharge. This includes the false information provided on the bankruptcy petition, as the information is sworn to under oath. However, typically a debtor will only be denied a discharge if the false oath … [Read more...] about 2. Objection of a New Jersey Chapter 7 Bankruptcy Discharge

Another reason for the denial of a chapter 7 discharge is the unjustified failure to keep books or records as to finances. The bankruptcy code indicates that a debtor will be denied a discharge if he "concealed, destroyed, mutilated or falsified, or failed to keep or preserve any recorded … [Read more...] about 4. Objection of a New Jersey Chapter 7 Bankruptcy Discharge

Probably, the most common objection to discharge is that the debtor has intentionally transferred or concealed an asset from the bankruptcy estate and/or creditors. The objector must prove that the debtor acted with the intent to hinder, delay or defraud a creditor and/or the bankruptcy estate.  If … [Read more...] about 6. Objection of a New Jersey Chapter 7 Bankruptcy Discharge

This is one of a twelve blog series explaining how a chapter 7 debtor may be denied a discharge. Under certain circumstances a debtor may be denied a discharge. The bankruptcy code states numerous reasons why a debtor may be denied a chapter 7 discharge. A bankruptcy discharge, eliminates all types … [Read more...] about 1. Objection of a New Jersey Chapter 7 Bankruptcy Discharge