- 11 U.S.C.
Cadlerock Joint Venture II LP v. Sandiford (In re Sandiford)
Oct
06
2008
Ruling
Bankruptcy court properly overruled objection to discharge where it deemed that debtors had rebutted presumption of fraud.
Procedural posture
Appellant joint venture (JV) sought review of a decision of the Bankruptcy Court for the Western District of Arkansas, which denied the JV's objection to discharge of appellee debtors in a chapter 7 proceeding. The debtors moved to Arkansas, conducted a real estate business, and created three family trusts.
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Judge or Jurisdiction information not available
- 11 U.S.C.
U.S. Trustee v. Holleman (In re Holleman)
Aug
27
2008
Ruling
Discharge denied due to debtor's concealment of property in undisclosed bank account.
Procedural posture
Plaintiff United States Trustee (UST) filed an adversary proceeding against defendant debtor creditor seeking to deny the debtor his discharge. The UST moved for summary judgment. The issue was whether the debtor violated 11 U.S.C.S. § 727(a)(2)(A) by concealing his property in a bank account with the intent to hinder, delay, or defraud a creditor, within one year preceding the date of the filing of his bankruptcy petition.
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:
- 11 U.S.C.
Jennings v. Maxfield (In re Jennings)
Jul
11
2008
Ruling
Debtor's premature payment of $130,000 for improvements to Florida homestead was proper grounds for denial of discharge.
Procedural posture
Plaintiff debtor appealed from an order in which the United States District Court for the Middle District of Florida affirmed a bankruptcy court's judgment and order under 11 U.S.C.S. § 727(a)(2)(A) denying the debtor's discharge.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Warner v. Gallimore (In re Gallimore)
Jul
10
2008
Ruling
Objection to discharge overruled in absence of evidence of debtor's intent to defraud.
Procedural posture
Plaintiff creditor filed a complaint objecting to discharge of defendant debtor in connection with plaintiff's claim to recover a $15,000 payment made to defendant on account of defendant's sale of a trailer to plaintiff because the trailer was later impounded for an invalid VIN. Though the debt was alleged to be nondischargeable under both 11 U.S.C.S. § 727(a)(2)(A) and 11 U.S.C.S. § 523, only the § 727 claim was considered at this time.
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- 11 U.S.C.
Mann v. Smith (In re Smith)
May
14
2008
Ruling
Denial of discharge for failure to appear at hearing on default motion vacated based on excusable neglect.
Procedural posture
Defendant debtors filed for relief under chapter 7 of the Bankruptcy Code, and in an earlier proceeding, the court granted plaintiff trustee's motion for a default judgment and entered an order denying the debtors' discharge under 11 U.S.C.S. § 727(a)(2). The debtors filed a letter with the court that the court construed as a motion to vacate the order denying discharge.
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- 11 U.S.C.
Skinner v. Ross (In re Ross)
Apr
28
2008
Ruling
Discharge denied due to debtor compnay owner's continued receipt of dividends contrary to demands of trustee.
Procedural posture
Plaintiff trustee filed a complaint against defendant debtor for turnover of estate property, pursuant to 11 U.S.C.S. § 542(a), for denial of a discharge, pursuant to 11 U.S.C.S. § 727(a)(2)(B).
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- 11 U.S.C.
Peterson v. Berg (In re Berg)
Apr
10
2008
Ruling
Discharge denied due to debtor's role in fraudulent conveyance scheme intended to hinder, delay or defraud creditors.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, the chapter 7 debtor, his wife, the debtor's former attorney, and other parties who claimed an interest in property co-owned by the debtor and his wife, seeking to avoid, pursuant to 11 U.S.C.S. § 544(a)(3) and § 544(b), the various interests asserted in the property, and to deny the debtor's discharge pursuant to 11 U.S.C.S. § 727.
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- 11 U.S.C.
Pereira v. Gardner (In re Gardner)
Apr
01
2008
Ruling
Debtor's concealment of timeshares, false oaths at creditors' meeting and failure to provide records resulted in denial of discharge.
Procedural posture
Plaintiff trustee filed an adversary proceeding against defendant chapter 7 debtor, seeking an order denying the debtor a discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A), (a)(2)(B), (a)(3), (a)(4)(A), (a)(4)(D), and (a)(5). The trustee also requested that the pleadings be amended to conform to the evidence so that the debtor could be denied a discharge under 11 U.S.C.S. § 727(a)(6). The debtor denied allegations in the trustee's complaint.
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- 11 U.S.C.
In re Gabriel
Mar
27
2008
Ruling
Conversion to chapter 13 denied due to pattern of misconduct in chapter 7 case.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. A chapter 7 trustee filed a motion for turnover of the debtor's 2006 tax refund. The debtor filed a motion to convert the matter to a chapter 13 proceeding.
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- 11 U.S.C.
Nickless v. Saykosy (In re Saykosy)
Feb
11
2008
Ruling
Postpetition transfer of property by debtor to parents resulted in denial of discharge.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, a chapter 7 debtor and the debtor's parents, seeking denial of the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2)(B), a judgment finding that the debtor and his parents conspired to defraud the debtor's creditors and that transfer of the debtor's interest in real property was voidable under 11 U.S.C.S. § 549. The trustee filed a motion for summary judgment.
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