- 11 U.S.C.
Marchetti v. Hines (In re Hines)
Nov
30
2009
Ruling
Reconsideration of denial of discharge denied where debtor could not explain why evidence sought to be presented could not have been presented at original hearing.
Procedural posture
A chapter 7 debtor filed a motion to reconsider an order granting summary judgment in favor of plaintiff creditors and denying his discharge under 11 U.S.C.S. § 727(a)(2)(A).
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- 11 U.S.C.
United States Trustee v. Vigil (In re Vigil)
Oct
09
2009
Ruling
Discharge denied due to undisclosed property later transferred to debtor's father and false oaths.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtors seeking a denial of the debtors' discharge under 11 U.S.C.S. § 727(a)(2), (4) based on the debtors' failure to disclose ownership of real property and false oaths made by the debtors.
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- 11 U.S.C.
Wayne Bank v. Johnson (In re Johnson)
Sep
23
2009
Ruling
Motion for denial of discharge denied due to issue of fact regarding auto loans.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtor, seeking an order denying the debtor's discharge under 11 U.S.C.S. § 727(a)(2)(A). The debtor filed a motion for summary judgment.
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- 11 U.S.C.
Montedonico v. Beckham (In re Beckham)
Jun
19
2009
Ruling
Denial of discharge upheld based on debtor's concealment of interest in tractor and subsequent postpetition sale.
Procedural posture
In an order granting plaintiff trustee's motion for partial summary judgment, the bankruptcy court for the Western District of Tennessee denied defendant debtor a discharge pursuant to 11 U.S.C.S. §§ 727(a)(2)(A) and (B) and 727(a)(4)(A) for fraudulently concealing her own property and property of the estate and for knowingly and fraudulently making false oaths in connection with her bankruptcy case. The debtor appealed.
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Herman
Feb
24
2009
Ruling
Discharge denied due to debtor's concealment of assets and false statements.
Procedural posture
Plaintiff judgment creditors brought an adversary proceeding against defendant bankruptcy debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(2), (4) based on the debtor's transfer and concealment of assets and the debtor's omissions in her bankruptcy schedules.
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- 11 U.S.C.
Smith v. Cooper (In re Cooper)
Jan
13
2009
Ruling
Motion to deny discharge granted against debtor but not against debtor spouse who was not involved in improper stock transaction.
Procedural posture
Plaintiff creditors filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, seeking a judgment that debts the debtors owed were nondischargeable under 11 U.S.C.S. § 523(a), that the debtors should be denied a discharge under 11 U.S.C.S. § 727(a)(2), (a)(3), (a)(4), and (a)(5). A trustee was appointed to represent the bankruptcy estate, and he supported the creditors' objections to discharge under § 727.
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- 11 U.S.C.
Susman Entmt Inc. v. Carey (In re Carey)
Jan
09
2009
Ruling
Creditor who did not object to discharge could not seek denial of discharge after discharge had been granted.
Procedural posture
Plaintiff creditor brought an action against defendant chapter 7 debtors, a husband and wife, under 11 U.S.C.S. § 727(a)(2) and § 523(a)(2)(A). A motion to dismiss filed on behalf of the wife was granted, leaving the husband as the only remaining defendant.
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- 11 U.S.C.
Antognoni v. Basso (In re Basso)
Dec
09
2008
Ruling
Denial of discharge on theory of "continuing concealment" reversed as homestead declaration announced, rather than hid, interest in property.
Procedural posture
Debtor appealed from an order of the Bankruptcy Court for the District of Massachusetts that denied his discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A) and sustained plaintiff creditor's objection to his homestead exemption. The court denied the debtor's discharge under the continuous concealment doctrine, and denied the homestead exemption because he had filed the declaration of homestead in violation of a state court order.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Standefer v. Kent (In re Kent)
Oct
22
2008
Ruling
Transfers with intent to hinder, delay and defraud creditors warranted denial of discharge.
Procedural posture
Plaintiffs, creditors of defendant chapter 7 debtors, a husband and wife, filed a complaint against the debtors, objecting, pursuant to 11 U.S.C.S. § 727(a)(2)(A), to the issuance of a discharge to the debtors and objecting, pursuant to several provisions of 11 U.S.C.S. § 523, to the dischargeability of the debt owed to the creditors by the debtors.
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- 11 U.S.C.
Harris v. DAmico (In re DAmico)
Oct
09
2008
Ruling
Schedule inaccuracies due to oversight which were remedied at creditors' meeting were not basis for denial of discharge.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtors seeking a denial of the debtors' discharge under 11 U.S.C.S. § 727(a)(2)(A), (4)(A) based on the debtors' failure to disclose prepetition transfers. The bankruptcy court conducted a trial.
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