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§ 727(a)(4)

Murphy v. Vanschoiack (In re Vanschoiack)

After plaintiff chapter 7 trustee filed a pro se adversary proceeding generally alleging that a discharge should be denied to defendant debtors under 11 U.S.C. § 727, she filed an amended complaint, asserting causes of action under 11 U.S.C. § 727(a)(2) and (a)(4) and specifically identifying assets allegedly concealed and undisclosed.
Ruling: 
Discharge denied where debtor knowingly and fraudulently failed to disclose ATV and receivables in schedules.
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Moore v. Strickland (In re Strickland)

Plaintiff former husband sued defendant debtor, objecting to the dischargeability of any debt due to him as support pursuant to 11 U.S.C. § 523(a)(2)(B), (a)(4) and (a)(5) and objecting to the discharge of the debtor for failing to disclose assets on her schedules pursuant to 11 U.S.C. § 727(a)(4). The bankruptcy court held a trial on the merits.
Ruling: 
Discharge denied due to debtor's failure to list business in schedules.
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Olsen v. Slocombe (In re Slocombe)

A suit involving defendant, a chapter 7 debtor, was filed in the district court. The district court referred the suit to the court. Plaintiff, a chapter 7 trustee, later filed a motion asking the court to deny a discharge to the debtor pursuant to 11 U.S.C. § 727(a)(4)(D), due to the debtor's failure to disclose information concerning the bankruptcy estate.
Ruling: 
Debtor was denied discharge due to failure to disclose certain information.
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Larocco v. Smither (In re Smithers)

Defendant debtors appealed from a judgment of the Bankruptcy Court for the Southern District of Ohio that denied their discharge under 11 U.S.C. § 727(a)(4)(A) due to filing false and incomplete bankruptcy schedules. Plaintiff creditors filed the complaint to deny discharge.
Ruling: 
Denial of discharge due to the debtors filing false and incomplete bankruptcy schedules was affirmed.
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IBA Inc. v. Hoyt (In re Hoyt)

Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtors, asking the court to, inter alia, deny the discharge pursuant to 11 U.S.C. § 727(a)(4). The court conducted a trial.
Ruling: 
Debtor was denied a discharge due to the debtor's intent to defraud by concealing interests in the debtor's daughter's bank account.
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In re Stout

The U.S. trustee moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7.
Ruling: 
Trustee was granted motion to dismiss the debtor's case since the amounts the debtor budgeted for the debtor's daughter's home schooling and ice skating lessons constituted a substantial abuse of chapter 7.
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In re Ross-Tucker

A chapter 7 trustee obtained a judgment ordering the debtor to pay the trustee an amount representing proceeds of a lawsuit settlement that the debtor failed to disclose. The trustee then filed motions to hold the debtor in contempt and to surcharge the debtor's exempt property (the debtor's home) based on the debtor's failure to comply with the judgment.
Ruling: 
A surcharge against exempt property was allowed where a debtor failed to disclose and spent case settlement proceeds.
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Kirchner v. Sticht (In re Sticht)

Plaintiffs, several buyers or intended buyers of homes built by debtors, brought consolidated adversary proceeding seeking denial of a discharge of debtors'obligations to them pursuant to 11 U.S.C. § 727 and a determination that debtors'debts to them were not dischargeable under 11 U.S.C. § 523.
Ruling: 
Debtor builders were denied discharge since the numerous errors and omissions in their schedules amounted to a reckless disregard for the truth.
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United States Tr. v. Halishak (In re Halishak)

: The cause came before the court after a trial on separate complaints brought by plaintiff, the U.S. trustee, to deny the discharge of defendant debtor husband (Case No. 04- 3049) and wife (Case No. 04-3256). By way of separate petitions, each of the debtors had sought relief under chapter 7 of the Code.
Ruling: 
Debtors were denied discharge since the deficiencies in their petitions were strong indicators of fraud.
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Turner v. Cornelius (In re Cornelius)

The debtor filed a chapter 7 bankruptcy petition. The United States trustee asserted that the debtor's discharge was to be denied pursuant to 11 U.S.C. §§ 727(a)(2) and 727(a)(4).
Ruling: 
Debtor was denied discharge where the debtor made two material false oaths.
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