- 11 U.S.C.
United States Trustee v. Smith (In re Smith)
Jan
07
2014
Ruling
Discharge denied due to quitclaim intended to keep property out of estate.
Issue(s)
Should discharge be denied due to conveyance by quitclaim deed for no consideration intended to exclude property from the bankruptcy estate.
ABI Membership is required to access the full summary of United States Trustee v. Smith (In re Smith) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Lowry v. Croft (In re Croft)
Oct
22
2013
Ruling
Discharge denied due to willful violation of Fair Credit Reporting Act.
Issue(s)
Did debtor's posting of creditor's credit report on a Web page in violation of the Fair Credit Reporting Act result in nondischargeable debt.
ABI Membership is required to access the full summary of Lowry v. Croft (In re Croft) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Smith v. Bowen (In re Bowen)
Oct
04
2013
Ruling
Sale of property to debtor's sister at reasonable market price was not grounds for denial of discharge.
Issue(s)
Was debtor's sale of property seven months prior to petition date grounds for denial of discharge.
ABI Membership is required to access the full summary of Smith v. Bowen (In re Bowen) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
California Bank & Trust v. Kahn (In re Kahn)
Sep
30
2013
Ruling
Failure to disclose transfers was not grounds for denial of discharge given lack of fraudulent intent.
Issue(s)
Was debtor's failure to disclose transfers grounds for denial of discharge.
ABI Membership is required to access the full summary of California Bank & Trust v. Kahn (In re Kahn) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Siu v. Martinez (In re Martinez)
Sep
25
2013
Ruling
Discharge denied due to substantial transfers to family members within one year of petition date.
Issue(s)
Was debtor's transfer of substantial funds to family members within one year immediately prior to the petition date grounds for denial of discharge.
ABI Membership is required to access the full summary of Siu v. Martinez (In re Martinez) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Neary v. Alexis (In re Alexis)
Jul
09
2013
Ruling
Discharge denied due to intentional failure to disclose assets.
Procedural posture
Chapter 7 trustee filed a complaint against debtors, seeking to deny the debtors' discharge pursuant to 11 U.S.C.S. § 727(a)(2)(B).
ABI Membership is required to access the full summary of Neary v. Alexis (In re Alexis) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Laroc Assocs. v. Shanahan (In re Shanahan)
Jun
25
2013
Ruling
Discharge denied due to material nondisclosures.
Procedural posture
Judgment creditor filed a complaint against chapter 7 debtor seeking the denial of his discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A) (concealment of property within one year of bankruptcy); § 727(a)(2)(B) (concealment of property after the date of bankruptcy); § 727(a)(3) (failure to keep books and records); § 727(a)(4)(A) (false oath); and § 727(a)(5) (failure to explain deficiency in assets).
ABI Membership is required to access the full summary of Laroc Assocs. v. Shanahan (In re Shanahan) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Rockstone Capital LLC v. Caimano (In re Caimano)
May
13
2013
Ruling
Discharge denied due to debtor's disposal of property in violation of post-judgment state court order.
Procedural posture
In an adversary proceeding, plaintiff creditor, who had obtained a state court judgment against defendant debtor prior to the debtor's bankruptcy filing, and who had engaged in state court proceedings to collect on this judgment, sought a denial of discharge under 11 U.S.C.S. § 727(a)(2). The court issued its findings of fact and conclusions of law.
ABI Membership is required to access the full summary of Rockstone Capital LLC v. Caimano (In re Caimano) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Belmont Wine Exch. LLC v. Nascarella (In re Nascarella)
May
10
2013
Ruling
Denial of discharge denied as transfer to spouse to pay legitimate creditors did not warrant finding of fraud.
Procedural posture
Creditor brought an adversary action alleging that debtor should be denied a discharge under 11 U.S.C.S. § 727(a)(2). The debtor filed a motion for summary judgment.
ABI Membership is required to access the full summary of Belmont Wine Exch. LLC v. Nascarella (In re Nascarella) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Allison v. Dean (In re Dean)
Apr
10
2013
Ruling
Debts resulting from debtor's negligence were not grounds for denial of discharge.
Procedural posture
Plaintiff judgment creditors filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor was not eligible under 11 U.S.C.S. § 727(a)(2)(A) and (a)(4) to have his debts discharged, and that a judgment they obtained against the debtor in an Alabama court was nondischargeable under 11 U.S.C.S. § 523(a)(6). The case was tried to the court.
ABI Membership is required to access the full summary of Allison v. Dean (In re Dean) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: