If a person was denied a discharge of certain debt in a prior bankruptcy case, the same debt cannot be discharged in a subsequent bankruptcy filing. This code section if very limited and is rarely applied.
I am referring to the following type of debt that was not discharged in the prior case:
1. denied a discharge due to an intent to hinder, delay, or defraud a creditor by removing, destroying, mutilating, or concealing his property or property of the bankruptcy estate;
2. denied a discharge due to concealing, destroying, mutilating or falsifying business or other relevant records;
3. denied a discharge due to intentionally making a false oath, account, claim, or withholding certain documents;
4. denied a discharge due to failing to adequately explain a loss or deficiency of assets;
5. denied a discharge due to a debtor refusing to obey a court order or to testify about certain matters.
Any debt that was incurred after the bankruptcy filing of the prior case may be discharged in the subsequent case. In other words, if a person was denied a discharge of a case filed on 5/7/2012, a subsequent bankruptcy filing would still discharge a credit card taken out on 11/7/2012, which is after the filing of the prior case.
Robert Manchel is a New Jersey bankruptcy attorney and will provide bankruptcy advice at (866) 503-5655.