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U.S. Code as of:
01/19/04
Section 727. Discharge
(a) The court shall grant the debtor a discharge, unless -
(1) the debtor is not an individual;
(2) the debtor, with intent to hinder, delay, or defraud a
creditor or an officer of the estate charged with custody of
property under this title, has transferred, removed, destroyed,
mutilated, or concealed, or has permitted to be transferred,
removed, destroyed, mutilated, or concealed -
(A) property of the debtor, within one year before the date
of the filing of the petition; or
(B) property of the estate, after the date of the filing of
the petition;
(3) the debtor has concealed, destroyed, mutilated, falsified,
or failed to keep or preserve any recorded information, including
books, documents, records, and papers, from which the debtor's
financial condition or business transactions might be
ascertained, unless such act or failure to act was justified
under all of the circumstances of the case;
(4) the debtor knowingly and fraudulently, in or in connection
with the case -
(A) made a false oath or account;
(B) presented or used a false claim;
(C) gave, offered, received, or attempted to obtain money,
property, or advantage, or a promise of money, property, or
advantage, for acting or forbearing to act; or
(D) withheld from an officer of the estate entitled to
possession under this title, any recorded information,
including books, documents, records, and papers, relating to
the debtor's property or financial affairs;
(5) the debtor has failed to explain satisfactorily, before
determination of denial of discharge under this paragraph, any
loss of assets or deficiency of assets to meet the debtor's
liabilities;
(6) the debtor has refused, in the case -
(A) to obey any lawful order of the court, other than an
order to respond to a material question or to testify;
(B) on the ground of privilege against self-incrimination, to
respond to a material question approved by the court or to
testify, after the debtor has been granted immunity with
respect to the matter concerning which such privilege was
invoked; or
(C) on a ground other than the properly invoked privilege
against self-incrimination, to respond to a material question
approved by the court or to testify;
(7) the debtor has committed any act specified in paragraph
(2), (3), (4), (5), or (6) of this subsection, on or within one
year before the date of the filing of the petition, or during the
case, in connection with another case, under this title or under
the Bankruptcy Act, concerning an insider;
(8) the debtor has been granted a discharge under this section,
under section 1141 of this title, or under section 14, 371, or
476 of the Bankruptcy Act, in a case commenced within six years
before the date of the filing of the petition;
(9) the debtor has been granted a discharge under section 1228
or 1328 of this title, or under section 660 or 661 of the
Bankruptcy Act, in a case commenced within six years before the
date of the filing of the petition, unless payments under the
plan in such case totaled at least -
(A) 100 percent of the allowed unsecured claims in such case;
or
(B)(i) 70 percent of such claims; and
(ii) the plan was proposed by the debtor in good faith, and
was the debtor's best effort; or
(10) the court approves a written waiver of discharge executed
by the debtor after the order for relief under this chapter.
(b) Except as provided in section 523 of this title, a discharge
under subsection (a) of this section discharges the debtor from all
debts that arose before the date of the order for relief under this
chapter, and any liability on a claim that is determined under
section 502 of this title as if such claim had arisen before the
commencement of the case, whether or not a proof of claim based on
any such debt or liability is filed under section 501 of this
title, and whether or not a claim based on any such debt or
liability is allowed under section 502 of this title.
(c)(1) The trustee, a creditor, or the United States trustee may
object to the granting of a discharge under subsection (a) of this
section.
(2) On request of a party in interest, the court may order the
trustee to examine the acts and conduct of the debtor to determine
whether a ground exists for denial of discharge.
(d) On request of the trustee, a creditor, or the United States
trustee, and after notice and a hearing, the court shall revoke a
discharge granted under subsection (a) of this section if -
(1) such discharge was obtained through the fraud of the
debtor, and the requesting party did not know of such fraud until
after the granting of such discharge;
(2) the debtor acquired property that is property of the
estate, or became entitled to acquire property that would be
property of the estate, and knowingly and fraudulently failed to
report the acquisition of or entitlement to such property, or to
deliver or surrender such property to the trustee; or
(3) the debtor committed an act specified in subsection (a)(6)
of this section.
(e) The trustee, a creditor, or the United States trustee may
request a revocation of a discharge -
(1) under subsection (d)(1) of this section within one year
after such discharge is granted; or
(2) under subsection (d)(2) or (d)(3) of this section before
the later of -
(A) one year after the granting of such discharge; and
(B) the date the case is closed.
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