(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
8
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.
;
or
(11) after filing the petition,
the
debtor failed to complete an instructional
course concerning personal financial management described in section
111, except that this paragraph shall
not apply with respect to a
debtor who is a
person described
in section
109 (h) (4) or
who resides in a district for which the
United States trustee (or the bankruptcy
administrator, if any) determines that the approved instructional courses
are not adequate to service the additional individuals who would otherwise
be required to complete such instructional courses under this section
(The
United States trustee (or the bankruptcy
administrator, if any) who makes a determination described in this paragraph
shall review such determination not later than 1 year after the date
of such determination, and not less frequently than annually thereafter.).
; or
(12)
the court
after notice and a hearing held not
more than 10 days before the date of the entry of the order granting
the discharge finds that there is reasonable cause to believe that—
(A) section
522(q)(1) may be applicable to the
debtor; and
(B) there is pending any proceeding
in which the
debtor may be found guilty of a felony
of the kind described in section
522 (q) (1) (A) or liable for a
debt of the kind described in
section
522 (q) (1) (B).
(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.
; or
(4)
the
debtor has failed to explain satisfactorily—
(A) a material misstatement in
an audit referred to in section
586 (f) of title
28; or
(B) a failure to make available
for inspection all necessary accounts, papers, documents, financial
records, files, and all other papers, things, or property belonging
to the
debtor that are requested for an audit
referred to in section
586(f) of title
28.
(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.
(Pub. L.
95-598, Nov. 6, 1978, 92 Stat. 2609; Pub. L. 98-353, title III,
§ 480, July 10, 1984, 98 Stat. 382; Pub. L. 99-554, title II,
§ 220, 257(s), Oct. 27, 1986, 100 Stat. 3101, 3116; Pub. L.
109-8, Title I, § 106(b), Title III,
§§ 312(1),
330(a), Title VI,
§ 603(d), April 20,
2005, 119 Stat. 38, 87, 101, 123.)
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