§ 727

In re Smith

A lessor was sanctioned under 11 U.S.C. § 362(h) for violating the automatic bankruptcy stay by unilaterally terminating the farm lease of bankruptcy debtors, but the lessor asserted that the lessor did not know of the bankruptcy and that the debtors'tenancy was terminated prior to the bankruptcy. The lessor moved for relief from the judgment of sanctions.
Ruling: 
Lessor was denied relief from automatic stay violation sanctions since confirmed lease was in place and notice of the bankruptcy was not required.
ABI Membership is required to access the full summary of In re Smith. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Ross-Tucker

A chapter 7 trustee obtained a judgment ordering the debtor to pay the trustee an amount representing proceeds of a lawsuit settlement that the debtor failed to disclose. The trustee then filed motions to hold the debtor in contempt and to surcharge the debtor's exempt property (the debtor's home) based on the debtor's failure to comply with the judgment.
Ruling: 
A surcharge against exempt property was allowed where a debtor failed to disclose and spent case settlement proceeds.
ABI Membership is required to access the full summary of In re Ross-Tucker. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Gillman v. Green (In re Green)

Plaintiff chapter 7 trustee sued defendant debtor, seeking an order revoking the debtor's discharge under 11 U.S.C. § 727(d)(3) on the ground that the debtor failed to obey a lawful order of the bankruptcy court to turn over tax refunds for a particular tax year. The bankruptcy court held a trial.
Ruling: 
Court denied revocation of discharge since the trustee did not show that the debtor willfully disobeyed an order to turn over tax refunds but rather had spent the proceeds before receiving notice of obligation.
ABI Membership is required to access the full summary of Gillman v. Green (In re Green). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Kirchner v. Sticht (In re Sticht)

Plaintiffs, several buyers or intended buyers of homes built by debtors, brought consolidated adversary proceeding seeking denial of a discharge of debtors'obligations to them pursuant to 11 U.S.C. § 727 and a determination that debtors'debts to them were not dischargeable under 11 U.S.C. § 523.
Ruling: 
Debtor builders were denied discharge since the numerous errors and omissions in their schedules amounted to a reckless disregard for the truth.
ABI Membership is required to access the full summary of Kirchner v. Sticht (In re Sticht). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Lezdey

The debtors filed petitions for chapter 11 bankruptcy. The creditor filed a motion to dismiss under 11 U.S.C. § 1112.
Ruling: 
Debtors'cases were dismissed since their plans offered illusory promises of payment and were filed to delay the creditor.
ABI Membership is required to access the full summary of In re Lezdey. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Richardson v. Schoemperlen (In re Schoemperlen)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant debtor seeking to revoke the debtor's discharge pursuant to 11 U.S.C. § 727(d)(2) for the debtor's failure to turn over an inheritance that the debtor received after filing the debtor's bankruptcy petition. The debtor turned over the required amount immediately prior to trial.
Ruling: 
Debtor's discharge was revoked since the debtor failed to comply with instructions to turn over any inheritance obtained within six months of discharge and only complied on the eve of trial.
ABI Membership is required to access the full summary of Richardson v. Schoemperlen (In re Schoemperlen). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Baron v. Klitchko (In re Klutchko)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, the debtor and a corporation, alleging that the debtor's discharge should be denied under 11 U.S.C. § 727(a) for making a false oath, concealing property with the intent to hinder, delay, or defraud creditors, and failing to maintain and provide adequate financial records. The court conducted a bench trial.
Ruling: 
Debtor was denied a discharge because the debtor intentionally and with fraudulent intent failed to disclose the debtor's consultant work performed for a corporation formed by the debtor's live-in companion.
ABI Membership is required to access the full summary of Baron v. Klitchko (In re Klutchko). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Spyra v. Finney (In re Finney)

Plaintiff, a proposed purchaser of real property from defendant bankruptcy debtor, brought an adversary proceeding against the debtor objecting to the debtor's discharge under 11 U.S.C. § 727(a)(2)(B) and (4)(A). The purchaser alleged that the debtor concealed assets by conducting an unauthorized auction of personalty and that the debtor made a false oath in filing an answer concerning the auction. The bankruptcy court conducted a trial.
Ruling: 
Debtor was denied discharge where a debtor concealed assets by conducting an authorized auction pursuant to a contract signed by the debtor's girlfriend.
ABI Membership is required to access the full summary of Spyra v. Finney (In re Finney). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

United States Tr. v. Halishak (In re Halishak)

: The cause came before the court after a trial on separate complaints brought by plaintiff, the U.S. trustee, to deny the discharge of defendant debtor husband (Case No. 04- 3049) and wife (Case No. 04-3256). By way of separate petitions, each of the debtors had sought relief under chapter 7 of the Code.
Ruling: 
Debtors were denied discharge since the deficiencies in their petitions were strong indicators of fraud.
ABI Membership is required to access the full summary of United States Tr. v. Halishak (In re Halishak). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Meininger v. Khanani (In re Khanani)

Plaintiff trustee filed an objection to defendant debtor's discharge in chapter 7 bankruptcy.
Ruling: 
Debtor was denied discharge where the debtor failed to provide trustee with subpoenaed books and records and made false statements regarding a property transfer.
ABI Membership is required to access the full summary of Meininger v. Khanani (In re Khanani). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to § 727