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Restrictions on Your Obtaining a Discharge

  • You can be denied a discharge (or the case may be dismissed, thereby precluding you from obtaining a discharge) if you refuse to comply with an order of the court, or knowingly and fraudulently make a false statement under oath in the case or fail to disclose all of your assets and debts or have otherwise engaged in certain dishonest conduct with respect to the bankruptcy case. See 11 U.S.C. §§ 727(a)(4), 727(a)(6), 1307(c).

  • You may even be denied a discharge in a chapter 7 case if you engaged in certain conduct preceding the bankruptcy case (such as failing to keep adequate records or having engaged in certain transfers of property in order to hinder, delay, or defraud a creditor). See 11 U.S.C. §§ 727(a)(2), 727(a)(3)), and 727(a)(5)).

  • To obtain a discharge in a chapter 7 or chapter 13 case you are required to take a financial management course, AFTER filing the petition, from an approved debtor education provider and file a Certification About a Financial Management Course (Official Form 423).