A Debtor May Forfeit Right to a Chapter 7 Discharge By Refusing to Lower Standard Of Living

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The Seventh Circuit Court of Appeals recently determined that a chapter 7 bankruptcy case can be dismissed if the debtor “avoids repayment of debt without an adequate reason.”  In re Schwartz, No. 15-1416 (7th Cir. August 24, 2015).  The Schwartz family had after-tax income of $9,500 per month.  Rather than using some of that income to pay their debts, however, the Schawartzes filed chapter 7 bankruptcy and continued their pre-petition spending.  The court noted that much of the spending was for non-essential goods and services, such as private school tuition, tickets to Disney World, and monthly payments on a Range Rover.  Although “the Schwartzes didn’t change their standard of living” immediately before filing bankruptcy, neither did they “take it down a peg so that there would be some money for their creditors.”  This was sufficient to deny them a discharge.  The lesson is clear: a chapter 7 bankruptcy case may be dismissed where the debtor is able to pay some portion of his debts but refuses to lower discretionary spending in order to do so.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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