West Virginia Bankruptcy Lawyer - Bankruptcy Attorney

What is the difference between a denial of discharge and a determination that a debt is non-dischargeable?

A denial of a discharge affects the debtor's entire discharge--and therefore all dischargeable debts--while a determination of non-dischargeability affects only a particular debt. When a discharge is denied, the debtor gets no discharge at all, and so no debts are discharged. The Court can deny a debtor's discharge for various reasons, which are set forth in section 727(a) of the Bankruptcy Code. The most common reasons for denying a discharge are that the debtor defrauded a creditor, concealed property of the estate, made a false statement under oath in the bankruptcy case, presented or used a false claim, or refused to obey a lawful order of the court.

On the other hand, a determination of nondischargeability excepts only a particular debt from the discharge. If the court determines a particular debt is not dischargeable, then the debtor is obligated to pay that particular debt, but the remaining dischargeable debts are discharged.

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