Denial of discharge
The debtor can be denied a discharge
of all of his debts if the court finds, after
trial, that the debtor committed certain acts deemed incompatible with the "honest
but unfortunate debtor".
Acts that may result in denial of discharge include transferring, concealing
or destroying assets or financial records; making a false oath
on the schedules or under oath in the case; or failing to keep books
and records from which the debtor's financial condition can be ascertained.
The complete list is found at 11
U.S.C. 727.
Denial of discharge affects the debtor's
liability to all creditors, whether or not the debtor committed some fraudulent act with
respect to that creditor.
Denial of discharge doesn't stop the administration of the
case, either. The trustee proceeds to gather and liquidate the assets of the estate, so
the debtor loses not only the non exempt assets but any chance of ever discharging the
debts in bankruptcy.
Discharges are not denied lightly or easily.
This is intended as a penalty for debtors who deliberately try unfairly or
dishonestly to thwart their creditors.
Debtors who fully disclose their assets and
their financial history should not worry about denial of discharge.
Contrast
: individual debts that are not dischargeable