- 11 U.S.C.
Moran v. Wunderlich (In re Wunderlich)
Jan
26
2007
Ruling
Attorney debtor denied discharge due to concealment of second mortgage granted in violation of legal malpractice settlement.
Procedural posture
In defendant debtor's bankruptcy action, plaintiff creditor filed a motion for summary judgment on its claim that sought on denial of the debtor's discharge under 11 U.S.C. § 727(a)(2)(A) (Count I), (a)(3) (Count III) and (a)(5) (Count VI). The debtor filed an objection.
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Court
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- 11 U.S.C.
Wilson v. Smith (In re Smith)
Dec
13
2006
Ruling
Discharge denied due to debtor's conversion of non-exempt assets into exempt property with intent to hinder, delay and defraud creditors.
Procedural posture
Plaintiffs filed a complaint against chapter 7 debtor, seeking a denial of debtor's discharge pursuant to 11 U.S.C. § 727(a)(2)(A).
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Court
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- 11 U.S.C.
Pinnacle Tech. Res. Inc. v. Spencer (In re Spencer)
Dec
08
2006
Ruling
Discharge denied due to attorney debtor's deliberate concealment and misrepresentations.
Procedural posture
Defendant debtor challenged an order from the Bankruptcy Court for the Southern District of Ohio, which denied his chapter 7 discharge pursuant to 11 U.S.C. §§ 727(a)(2)(A) and 727(a)(4)(A) following an adversary proceeding commenced by plaintiff creditor.
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- 11 U.S.C.
Towle v. Hendrix (In re Hendrix)
Oct
13
2006
Ruling
Discharge denied due to debtor's omission of significant information from shareholders.
Procedural posture
Plaintiffs, the professional corporation and individual who collectively formed defendant debtor's former employer, filed an adversary proceeding for a denial of the debtor's discharge pursuant to 11 U.S.C. §§ 727(a)(2), (a)(3), (a)(4), (a)(5) and (a)(6). Plaintiffs moved for partial summary judgment.
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Court
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- 11 U.S.C.
Luke v. Clegg (In re Clegg)
Oct
02
2006
Ruling
Objection to discharge by debtor's mother who purchased note with proceeds of sale of her own residence, which was the collateral, overruled.
Procedural posture
Plaintiff, the debtor-wife's mother, purchased the note of defendant debtors from a bank. She then filed a complaint objecting to discharge pursuant to 11 U.S.C. § 727(a)(2), (a)(3), (a)(4) and (a)(5).
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Court
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- 11 U.S.C.
Watman v. Groman (In re Watman)
Aug
21
2006
Ruling
Debtor dentist's transfer of assets from bankrupt original practice to new practice was fraudulent.
Procedural posture
Debtor appealed the bankruptcy court's denial of his discharge and finding that he fraudulently transferred property under 11 U.S.C. § 727(a)(2)(A) and (a)(7). The District Court for the District of Massachusetts affirmed. Debtor appealed, arguing that the bankruptcy court erred in both its factual findings and its manner of inquiry on remand following an earlier appellate decision.
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- 11 U.S.C.
In re Sheffer
Aug
17
2006
Ruling
Per se ban on settlement of proceedings for denial of discharge would be unduly restrictive.
Procedural posture
Chapter 7 debtor filed a motion to approve a global settlement of several fraudulent transfer claims.
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Court
:
- 11 U.S.C.
Bauman v. Post (In re Post)
Aug
10
2006
Ruling
Debtor's prepetition transfers, postpetition transfers to undisclosed account and omissions from schedules warranted denial of discharge.
Procedural posture
Chapter 7 trustee objected to debtors'discharge under 11 U.S.C. § 727(a)(2) and (4).
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- 11 U.S.C.
Lort v. Ferguson Enters. (In re Lori)
Jul
27
2006
Ruling
Transfer of corporate property by debtor, its sole shareholder, was not a transfer of property of debtor.
Procedural posture
Appellant debtor appealed the order of the bankruptcy court denying his discharge pursuant to 11 U.S.C. § 727(a)(2)(A).
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:
- 11 U.S.C.
Rowlands v. Fraser (In re Rowlands)
Jun
28
2006
Ruling
Summary judgment denying discharge was reversed since creditors did not establish intent to defraud.
Procedural posture
Appellee creditors brought an adversary proceeding against appellant bankruptcy debtor, asserting pursuant to 11 U.S.C. § 727(a)(2)(A) that the debtor was not entitled to a discharge based on the debtor's concealment of assets. The debtor appealed the order of the Bankruptcy Court for the District of Massachusetts which granted summary judgment to the creditors.
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