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2021 Stroock Bankruptcy Guide

Issue link: https://mbozikis.ufcontent.com/i/1422521

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195 D. Discharge of the Debtor and Denial of Discharge Upon conclusion of a Chapter 7 case, an individual debtor is generally entitled to receive an order discharging his or her prepetition debts. There are two exceptions to this entitlement. One, where the debtor has committed, or refused to perform, certain acts, the debtor is denied a discharge in bankruptcy. That denial of discharge leaves the debtor liable for all of his or her debts. Second, where an individual debtor has committed certain acts related to specific creditors, the debtor is denied a discharge with respect to the claims of those specific creditors. Those claims are referred to as non-dischargeable. 112 Section 727 of the Bankruptcy Code provides that the court shall not grant the debtor a discharge where any of the following grounds exist: (i) the debtor is not an individual; (ii) the debtor, with intent to hinder, delay or defraud a creditor, transferred, removed, destroyed, mutilated or concealed property of the debtor within one year before the petition date, or property of the estate after the petition date; (iii) the debtor has concealed, destroyed, mutilated, falsified or failed to keep or preserve any recorded information from which the debtor's financial condition or business transactions can be ascertained, unless justified under all of the circumstances of the case; (iv) the debtor knowingly and fraudulently, in or in connection with the case (a) made a false oath or account, (b) presented or used a false claim, (c) gave, offered, received or attempted to obtain money, property or advantage for acting or forbearing from 112 These specific types of claims are generally non-dischargeable in Chapters 7, 11, 12 or 13.

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