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.
Bob is a member of the National Bankruptcy College Attorney Network, American Bankruptcy Institute and the National Association of Consumer Bankruptcy Attorneys. For information about Chapter 7 bankruptcy Click Here
For information about Chapter 13 bankruptcy Click Here NOTE: Robert Schaller looks forward to the opportunity to talk with you about your legal issues. But please remember that all information on this blog is for advertising and general informational purposes only. Please read Bob's disclaimer.
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.
Wednesday, May 19, 2010
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