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§ 727(a)(2)

Trivedi v. Levine (In re Levine)

Ruling
Debtor's transfer of property from one corporation she owned or controlled to another was not grounds for denial of discharge.
Issue(s)
Was debtor's transfer of assets from closed business to new business grounds for denial of discharge?

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Consumer opinion summary, case decided on December 16, 2014 , LexisNexis #0115-092

McAfee v. Harman (In re Harman)

Ruling
Discharge denied due to transfer of funds to spouse in order to avoid garnishment.
Issue(s)
Should debtor's discharge be denied due to an unreported transfer allegedly intended to hinder, delay or defraud creditors?

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Consumer opinion summary, case decided on September 10, 2014 , LexisNexis #1214-133

Sparkman v. Skubic (In re Skubic)

Ruling
Summary judgment in proceeding for denial of discharge denied due to failure to establish intent to hinder, delay or defraud.
Issue(s)
Whether plaintiffs were entitled to summary judgment on complaints to deny debtors' discharges under 11 U.S.C.S. § 727(a)(2) and (a)(7).

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Consumer opinion summary, case decided on August 01, 2014 , LexisNexis #0914-059

Sparkman v. Skubic (In re Skubic)

Ruling
Summary judgment in proceeding for denial of discharge denied due to failure to establish intent to hinder, delay or defraud.
Issue(s)
Whether plaintiffs were entitled to summary judgment on complaints to deny debtors' discharges under 11 U.S.C.S. § 727(a)(2) and (a)(7).

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Consumer opinion summary, case decided on August 01, 2014 , LexisNexis #0914-059

Kane v. Chu (In re Chu)

Ruling
Evidence of intent to prefer one creditor over another was not grounds for denial of discharge.
Issue(s)
Were debtor's prepetition transfers to a company in which she held a majority interest and an LLC of which she was manager grounds for denial of discharge?

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Consumer opinion summary, case decided on June 05, 2014 , LexisNexis #0714-132

Cheiker v. Davis (In re Davis)

Ruling
Discharge denied due to debtor's liquidation of creditor's assets and nondisclosure of properties purchased by third party with the funds.
Issue(s)
Should debtor be denied a discharge for liquidating assets of an elderly woman who had granted the debtor power of attorney, abandoning the woman and using the assets to purchase properties, which were not disclosed in debtor's schedules or statements?

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Consumer opinion summary, case decided on March 25, 2014 , LexisNexis #0414-063

Jacobs v. Marcus-Rehtmeyer (In re Marcus-Rehtmeyer)

Ruling
Bankruptcy court did not err in denying motion for denial of discharge.
Issue(s)
Did bankruptcy court properly overrule creditor's objection to debtor's discharge by finding lack of intent to conceal assets and income or intent to deceive?

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Consumer opinion summary, case decided on March 24, 2014 , LexisNexis #0714-063

DeNoce v. Neff (In re Neff)

Ruling
One-year look back provision is not subject to equitable tolling.
Issue(s)
Did the bankruptcy court err in ruling that the one-year "lookback" period in § 727(a)(2)(A) is a statute of repose, rather than a statute of limitations, and not subject to equitable tolling?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 04, 2014 , LexisNexis #0214-133

Los Alamos Natl Bank v. Wreyford (In re Wreyford)

Ruling
Discharge denied due to fraudulent transfers to newly formed LLC to hinder and delay creditor.
Issue(s)
Were debtors' transfers to newly formed LLC avoidable as fraudulent due to timing with regard to creditor's judgment and magnitude of the transfers, so as to have been made with intent to hinder, delay or defraud creditor?

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Consumer opinion summary, case decided on February 04, 2014 , LexisNexis #0214-134

FFI Group LLC v. Olson (In re Olson)

Ruling
Debtor's failure to produce bank statements belonging to LLC was not grounds for denial of discharge where the LLC was not shown to be debtor's alter ego.
Issue(s)
Should discharge be denied due to due to Debtor's failure to produce bank statements belonging to LLC of which he was a founder?

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Consumer opinion summary, case decided on February 03, 2014 , LexisNexis #0214-132