Wednesday, May 19, 2010

Section 727(a)(6)(A): Failure to obey a court order

Section 727(a)(6)(A) provides that the court shall grant the

debtor a discharge, unless the debtor has refused to obey

any lawful order of the court, other than an order to

respond to a material question or to testify. Given the

plain language of the statute that debtor "refuse" to obey a

court order, it appears that "mere failure" to obey is

insufficient to justify the harsh sanction of denial of a

discharge imposed by §727. Consequently, discharge should

only be denied where the debtor’s noncompliance with a court

order was a result of willful, intentional disobedience or

dereliction rather than mere inadvertence or mistake.
Warmest Regards,

Bob Schaller

Your Bankruptcy Advisor Blog

By: Attorney Robert Schaller (Bob's bio) of the Schaller Law Firm Click for Bankruptcy Lawyer Job Opportunities. You are invited to contact Attorney Schaller at 630-655-1233 or visit his website at Discharging Student Loans to learn about how the bankruptcy laws can help you.

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I recommend that you review a few other blogs that may be of interest to you. These blogs are identified in the right column and are set forth below: bankruptcy issues blog; bankruptcy and family law issues blog; bankruptcy and employment issues blog; adversary defense blog; and bankruptcy and student loan issues blog.

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