Subject to complete analysis of qualifications, the following persons are NOT eligible for a Chapter 7 Discharge:
- A person granted a discharge in the last 8 years that was filed in the last 8 years;
- Certain situations where a person has been granted a Chapter 13 discharge within the last 6 years;
- Where a written waiver is issued by the Court;
- where a person (or their business) which has concealed, transferred or destroyed property with intent to defraud creditors;
- A person who makes false statements on the petition or withholds information from a trustee ( the trustee is usually a lawyer assigned by the Court to oversee your particular case);
- A person who can’t adequately explain any loss or deficiency in their assets;
- A person who fails to answer the Trustee’s questions;
- A person who fails to take the debtor education course after the filing of the bankruptcy;
- A person who has been convicted of bankruptcy fraud or who owes a debt from a securities law violation.
In some of the above cases where you are unable to file, you may be eligible to file under Chapter 13. If you have any questions, please feel free to contact Attorney Mark O. Grater in Groton at 860-449-8059.