Guam § 50451 - When Not to be Granted; When Valid.

§ 50451. When Not to be Granted; When Valid.

No discharge shall be granted, or if granted, no discharge will be valid:

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1. If the debtor shall have sworn falsely in the affidavit annexed to

his petition, schedule, or inventory, or upon any examination in the

course of the proceedings in insolvency, in relation to any material fact

concerning his estate or his debts or to any other material fact; or

2. If he has concealed any part of his estate or effects, or any

books or writing relating thereto; or

3. If he has been guilty of fraud or willful neglect in the care or

custody of his property or in the delivery to the assignee of the

property belonging to him at the time of the presentation of his petition

and inventory, excepting such property as he is permitted to retain

under the provisions of this Chapter; or

4. If, within one (1) month before the commencement of such

proceedings, he has procured his real estate, goods, moneys, or chattels

to be attached or seized on execution; or

5. If he has destroyed, mutilated, altered, or falsified any of his

books, documents, papers, writings, or securities, or has made, or been

privy to the making of, any false or fraudulent entry in any book of

account or other document with intent to defraud his creditors; or

6. If he has given any fraudulent preference, contrary to the

provisions of this Title, or has made any fraudulent payment, gift,

transfer, conveyance, or assignment of any part of his property, or has

admitted a false or fictitious debt against his estate; or

7. If, having knowledge that any person has proven such false or

fictitious debt, he has not disclosed the same to his assignee within one

(1) month after such knowledge; or

8. If, being a merchant or tradesman, he has not kept proper books

of account in Arabic numerals and in accordance with the provisions of

law; or

9. If he, or any other person on his account, or in his behalf, has

influenced the action of any creditor, at any stage of the proceedings,

by any pecuniary consideration or obligation; or

10. If he has, in contemplation of becoming insolvent, made any

pledge, payment, transfer, assignment, or conveyance of any part of his

property, directly or indirectly, absolutely or conditionally, for the

purpose of preferring any creditor or person having a claim against

him, or who is, or may be, under liability for him, or for the purpose of

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preventing the property from coming into the hands of the assignee, or

of being distributed under this Title in satisfaction of his debts; or

11. If he has been convicted of any misdemeanor under this Title,

or has been guilty of fraud, contrary to the true intent of this Title; or

12. In case of voluntary insolvency, has received the benefit of

this or any other law of insolvency or bankruptcy within six (6) years

next preceding his application for discharge; or

13. If insolvency proceedings in which he could have applied for

a discharge are pending by or against him in the court. Before any

discharge is granted, the debtor shall take and subscribe an oath to the

effect that he has not done, suffered, or been privy to any act, matter,

or thing specified in this Chapter as grounds for withholding such

discharge or as invalidating such discharge, if granted.