25 Jun Can I be denied a Discharge When Filing Bankruptcy?
First, denial of discharge in bankruptcy is very rare. Denial of discharge does happen and here is how:
What can prevent you from receiving a discharge?
- The most common denial occurs when a debtor is fraudulent. Fraud can be at the initial credit application or during the term of the credit.
- Fraudulent transfers, transferring property to a friend or family member to avoid listing it on the bankruptcy petition.
- Failing to disclose assets on the bankruptcy petition.
- Not cooperating in the bankruptcy process. As a filer you are asking that your debts be discharged. In exchange courts require that you be honest and cooperate. If the trustee asks for a document or information in your control or possession, generally you have a duty to cooperate and provide the information or document.
- Fraud in the bankruptcy filing is another reason for denial of discharge. Signing the bankruptcy petition includes language that the information provided is true and correct under penalty of perjury.
- Lying at the 341 meeting. At the 341 meeting you are placed under oath and sworn to tell the truth. If it is discovered that you have lied at the meeting, even if it is discovered at a later time, may cause the trustee to request a denial of discharge or a revocation of discharge.
It’s imperative to provide an honest and complete disclosure of all your financial obligations to your bankruptcy attorney to make the most of MN bankruptcy exemptions.
This is the most effective way to secure an easy and quick discharge.
The majority of debtors have no reason need to be anxious about a discharge denial.
The key lies in engaging in open, candid communication with your bankruptcy attorney to make sure that everything passes off without a hitch.