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§ 1328(e)

Maxwell, In re--Chicago Patrolmen's Fed. Credit Union v. Maxwell

Ruling: 
Revocation of discharge was not warranted as debtor’s failure to amend his schedules to reflect receipt of settlement did not necessarily equate to fraud. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on March 06,2019, LexisNexis #0419-093

Hamilton v. Fisher (In re Fisher)

Adversary plaintiff, the chapter 13 trustee, filed a complaint seeking revocation of defendant debtor's discharge, under 11 U.S.C.S. § 1328(e), based upon debtor's allegedly fraudulent claimed homestead exemption of certain real property, pursuant to Kan. Stat. Ann. § 60-2301.
Ruling: 
Inconsistent statements as to residence did not amount to fraud that would defeat homestead exemption.
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Consumer case opionion summary, case decided on January 22,2013, LexisNexis #0213-064

Beskin v. Knupp (In re Knupp)

Plaintiff Chapter 13 trustee filed a complaint seeking revocation of defendant debtor's discharge under 11 U.S.C.S. § 1328(e).
Ruling: 
Discharge revoked due to debtor's failure to disclose inheritance received less than two months after petition date.
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Consumer case opionion summary, case decided on July 26,2011, LexisNexis #0911-066

In re Cram

Trustee filed a motion to convert debtors' chapter 13 case, pursuant to 11 U.S.C.S. § 1307(c). based on debtor's alleged bad faith in not turning over the proceeds of a settlement (conversion motion), as required by a modification order. The trustee also moved to compel debtors to turn over the gross proceeds of the settlement (turnover motion). Debtors' claimed that their case should be dismissed pursuant to § 1307(b).
Ruling: 
Revocation of discharge and modification order granted after discovery of undisclosed settlement proceeds vacated and motion for turnover and conversion denied.
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Consumer case opionion summary, case decided on June 03,2009, LexisNexis #0709-139

Foster v. Onyx Inv. L.L.C. (In re Foster)

Plaintiff discharged bankruptcy debtors reopened their bankruptcy case and brought an adversary proceeding against defendant creditor, an assignee of a predecessor in interest, seeking to enjoin the creditor from attempting to enforce its lien against their real property on the ground that the lien was stripped and the underlying debt was discharged. The debtors and the creditor cross- moved for summary judgment.
Ruling: 
Creditor's attempt to revoke the debtor's discharge based on alleged fraud was untimely since the creditor's attempt did not relate back to an earlier foreclosure action.
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