What are the grounds for denying a bankruptcy discharge?

The primary goal of filing a Chapter 7 Bankruptcy is to obtain a Discharge of debts from the Bankruptcy Court giving the Debtor the “fresh start.” What are the grounds for denying a discharge?

In most cases, there is no proceeding brought challenging the debtor’s right to discharge, however, the Bankruptcy Code does provide grounds for such a challenge. Challenges to discharge come in the form of a lawsuit, known as an adversary proceeding, which is typically filed by a creditor or the trustee. A discharge may be denied by the Court if one of the following factors  is shown to be present:

1. a transfer or concealment of property with the intent to hinder, delay, or defraud a creditor or Trustee;

2. destroying or concealing financial records;

3. making a false oath or account, presenting or using a false claim, withholding books/records from the trustee;

4. failing to explain satisfactorily the loss or deficiency of an asset;

5. refusal to obey an order of the court or to testify after being granted immunity;

6. received a chapter 7 or Chapter 11 discharge in a case commenced within the previous 8 years;

7. received a Chapter 12 or 13 discharge in a case commenced within the past six years under certain circumstances,

8. Executed a written waiver of discharge approved by the court,

9. failed to complete an approved financial education course after filing the petition.