- 11 U.S.C.
Los Alamos Natl Bank v. Wreyford (In re Wreyford)
Feb
04
2014
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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:
- 11 U.S.C.
DeNoce v. Neff (In re Neff)
Feb
04
2014
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
- 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.
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- 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.
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:
- 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.
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:
- 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.
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- 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).
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:
- 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.
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:
- 11 U.S.C.
AB&T Natl Bank v. Goodwin (In re Goodwin)
Mar
15
2013
Ruling
Discharge denied due to fraudulent transfer of home to spouse one month prior to petition date.
Procedural posture
Plaintiff bank 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)(5) to have his debts discharged. The case was tried to the court.
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:
- 11 U.S.C.
In re Nazzaro
Jan
14
2013
Ruling
Discharge denied due to undisclosed transfer for no consideration.
Procedural posture
Creditor commenced an adversary proceeding to bar the discharge of chapter 7 debtor pursuant to 11 U.S.C.S. §§ 727(a)(4)(A) and (a)(2)(A) and/or to have the debtor's obligation to the creditor deemed non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(4).
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