What is a “denial of discharge” in a bankruptcy case in Las Vegas?
Like a “dismissal,” a denial of discharge is an unsuccessful outcome in a bankruptcy case. It means the debtor does not receive the discharge that is sought at the end of a bankruptcy case.
Here are 5 things to know about denial of discharge in a bankruptcy case in Las Vegas:
- A denial of discharge happens when a creditor raises an objection to the discharge. (In contrast, a motion to dismiss can only be made by the U.S. Trustee’s office or by the bankruptcy judge.)
- A denial of discharge can apply to the debtor’s entire case. However, it also frequently applies just to specific debts in question.
- One of the things a creditor may have to prove to get a denial of discharge is that the debtor destroyed, concealed or transferred property with intent to hinder, delay or defraud and that such action took place within one year of the bankruptcy filing, either before or after.
- Another basis for denial of discharge is if a creditor can prove that the debtor destroyed or concealed assets and did not document or keep any records of such actions.
- Yet another basis for denial of discharge is if a creditor can prove that false statements were made by the debtor, or false in formation was submitted in relation to the debtor’s bankruptcy case.
In other words, make sure to provide accurate and complete information to your bankruptcy attorney when filing your case. Or else you risk undermining your ability to get the desired discharge.
Questions about discharge in bankruptcy? Please contact an experienced Haines & Krieger bankruptcy attorney for a free initial consultation by calling 702-880-5554.