Legal Question in Bankruptcy in California

Waiver of Discharge

If a debtor waives a discharge in a Chapter 7, when can they re-file Chapter 7 again on those debts?


Asked on 4/25/02, 7:10 pm

2 Answers from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Waiver of Discharge

I don't think a debtor can waive a discharge.

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Answered on 4/25/02, 7:33 pm
Douglas A. Crowder Crowder Law Center

Re: Waiver of Discharge

According to 11 U.S.C. Sec. 523(a)(10), a discharge (in a new bankruptcy case) would not discharge an individual from any debt "that was or could have been listed or scheduled by the debtor in a prior case ... in which the debtor waived discharge...."

Although I've handled a few hundred Chapter 7's, I've never heard of a case where a discharge was waived, so I'd have to talk to you about why it was waived, and whether there was any court order entered regarding the waiver.

It might be possible to partially discharge those debts under a Chapter 13.

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Answered on 4/25/02, 7:34 pm


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