§ 727

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.
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James v. Tipler (In re Tipler)

The matter was before the court on plaintiff judgment creditors'objection to discharge pursuant to 11 U.S.C. § 727(a)(2), (3) and (4), and objection to the dischargeability of their claim pursuant to 11 U.S.C. § 523(a)(2), (4) and (6).
Ruling: 
Debtor was denied discharge based on failure to keep recorded information and false oath.
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Turner v. Cornelius (In re Cornelius)

The debtor filed a chapter 7 bankruptcy petition. The United States trustee asserted that the debtor's discharge was to be denied pursuant to 11 U.S.C. §§ 727(a)(2) and 727(a)(4).
Ruling: 
Debtor was denied discharge where the debtor made two material false oaths.
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Cadle Co. v. Preston-Guenther (In re Guenther)

Plaintiff creditor brought an adversary proceeding against defendant Chapter 7 debtors, seeking the denial of a discharge pursuant to 11 U.S.C. § 727(a)(2), (a)(3) and (a)(4).
Ruling: 
Debtors were denied discharge where they did not dispute that they had made false oaths that were material.
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Cadle Co. v. Taras (In re Taras)

Plaintiff creditor filed a complaint objecting to the discharge of defendant debtor pursuant to 11 U.S.C. § 727(a)(2) and (4).
Ruling: 
Debtor was denied discharge due to debtor's material omission from debtor's schedules of an interest as a trust beneficiary.
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Richardson v. Pilgrim (In re Pilgrim)

Plaintiff, a Chapter 7 trustee, sought denial of the debtors' discharges pursuant to 11 U.S.C. § 727(a)(2)(A), (a)(2)(B), (a)(3), (a)(4)(B), and (a)(5). The trustee moved for a default judgment, which the bankruptcy court denied without prejudice. The trustee, having re-served the complaint and summons and filed an affidavit addressing the debtors' military status, renewed his motion for a default judgment.
Ruling: 
Discharge was denied where the debtors failed to provide accounting of cash settlement received three months prior to filing or respond to trustee's inquiries or default judgment motion.
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JP Morgan Chase Bank v. Hobbs (In re Hobbs)

Plaintiff creditor filed a complaint to deny defendant chapter 7 debtor a discharge based on the debtor's loss of business records, 11 U.S.C. § 727(a)(2)(A), and the debtor's failure to maintain and preserve adequate records, 11 U.S.C. § 727(a)(3).
Ruling: 
Debtor's discharge was denied based on a failure to maintain and preserve adequate records.
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Fanaras v. Carpenter (In re Fanaras)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant debtor pursuant to 11 U.S.C. § 727(d), seeking to revoke the discharge entered in favor of the debtor. The trustee moved for summary judgment as to all counts in the complaint. The debtor cross moved for summary judgment, seeking to dismiss all counts on the basis that they were time barred.
Ruling: 
Debtor was granted partial summary judgment since the one-year statute of limitations for requesting revocation of discharge is not subject to equitable tolling.
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