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§ 727

Fokkena v. Hippen

Plaintiff trustee filed an adversary complaint against defendant debtor to deny the debtor's discharge under 11 U.S.C. § 727(a)(2) and (a)(4). The trustee claimed that the debtor attempted to transfer or conceal property and gave a false oath or account.
Ruling: 
Discharge was denied due to debtor's material false statements.
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Leibowitz v. Tanglis (In re Tanglis)

Plaintiff chapter 7 trustee filed an adversary complaint objecting to defendant debtors discharge under 11 U.S.C. § 727(a)(3), which provided that a debtor shall be granted a discharge unless the debtor failed to keep or preserve books and records from which the debtor's financial condition could be ascertained. The matter was before the court for findings of fact and conclusions of law.
Ruling: 
Debtors were denied discharge since they failed to keep books and records for which their financial condition could be ascertained.
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Rawlings v. Tapp (In re Tapp)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, seeking to preclude the debtor's discharge under 11 U.S.C. § 727(a)(2), (3) and (5) based on the debtor's transfer of assets, failure to maintain adequate records, and failure to explain the disposition of a deposit paid to the debtor by the creditor. The bankruptcy court conducted a trial.
Ruling: 
Creditor failed to demonstrate that the debtor's actions warranted denying a discharge.
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Werner v. Richardson (In re Richardson)

Plaintiff judgment creditor filed an action against defendant debtors requesting that the debtors be denied a discharge in bankruptcy for failure to keep records under 11 U.S.C. § 727(a)(3) or for a false oath under 11 U.S.C. § 727(a)(4).
Ruling: 
Court denied creditor's objection to discharge since creditor did not establish debtor made false oath or failed to keep sufficient records.
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In re Martinez

Debtor filed a motion seeking additional time to file a certificate of completion of a financial management course as required by 11 U.S.C. § 727(a)(11).
Ruling: 
Debtor was denied a motion for additional time to file a certificate of completion of a financial management course.
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In re Jacobs

The court earlier entered its Order and Notice re: Opportunity to Request Hearing under 11 U.S.C. § 727(a)(12) to Bar Entry of Discharge, which gave notice to any party in interest to debtor's case that a request for a hearing to consider barring the entry of debtor's discharge needed to be filed within 21 days of the entry of the court's order. Before the court was the one such request it received, from debtor's landlord.
Ruling: 
Request for hearing to bar entry of discharge under section 727(a)(12) was denied since debtor elected to use federal exemptions not state and local ones.
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Larocco v. Smither (In re Smithers)

Defendant debtors appealed from a judgment of the Bankruptcy Court for the Southern District of Ohio that denied their discharge under 11 U.S.C. § 727(a)(4)(A) due to filing false and incomplete bankruptcy schedules. Plaintiff creditors filed the complaint to deny discharge.
Ruling: 
Denial of discharge due to the debtors filing false and incomplete bankruptcy schedules was affirmed.
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Warsco v. Saylor

In an adversary proceeding, plaintiff trustee sought a revocation of the discharge previously granted to defendant debtors on the ground that their bankruptcy schedules and statement of affairs had been materially false and that the debtors had knowingly and fraudulently made a false oath in connection with their bankruptcy in violation of 11 U.S.C. § 727(a)(4).
Ruling: 
Discharge was revoked since inaccurate information was provided during case.
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Ferguson Enters. v. Lort (In re Lort)

Plaintiff creditor filed an adversary proceeding against defendant debtor alleging that the debtor's discharge should be denied pursuant to 11 U.S.C. §§ 727(a)(2) and (a)(5) and also alleged an exception to discharge pursuant to 11 U.S.C. § 523.
Ruling: 
Debtor was denied discharge since the debtor showed an intent to defraud in transferring property of a corporation for which debtor was the sole officer and shareholder.
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Yelin v. Yelin (In re Yelin)

In an adversary proceeding, plaintiff sought (a) denial of defendant debtor's discharge pursuant to 11 U.S.C. § 727(a)(2)(A) (discharge claim) and (b) an exception to discharge of plaintiff's claims pursuant to 11 U.S.C. § 523(a)(2)(A) (dischargeability claim). Before the court was plaintiff's motion for partial summary judgment filed in an adversary proceeding within a chapter 7 case. The motion was limited to the discharge claim.
Ruling: 
Court denied summary judgment on a motion to deny the debtor discharge since a genuine issue of material fact on whether the debtor's statements and omissions in schedules were materially misleading.
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