4312 Ludgate Street, Lumberton, NC 28358 | Toll-Free: 800-808-9695 | Local: 910-739-1010 | Fax: 910-739-0922

Law Offices of Bruce F. Jobe, P.A. - Specializing in bankruptcy law, representing individuals and small business in southeastern North Carolina

Law offices of Bruce of Jobe, P.A.

Debtor FAQ's

Under what circumstances might a bankruptcy discharge be denied?

A 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". Such acts 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.

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.

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Law Offices of Bruce F. Jobe, P.A.
4312 Ludgate Street
Lumberton, NC 28358
Phone: 910-739-1010