- 11 U.S.C.
Krywopusk v. Raftogianis (In re Raftogianis)
Jul
12
2012
Ruling
Discharge denied due to numerous errors, omissions and inconsistencies demonstrating reckless indifference to truth.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 7 debtor, seeking denial of the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A).
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:
- 11 U.S.C.
In re Fraleigh
Jun
12
2012
Ruling
Objection to discharge denied based on debtor's failure to disclose live-in companion overruled where debtor relied on advice of counsel and contribution was minimal.
Procedural posture
The former spouse of a chapter 7 debtor objected to her discharge under 11 U.S.C.S. § 727(a)(4)(A), contending that she knowingly and fraudulently made a false oath or account by failing to disclose her live-in boyfriend's presence as a household member and his alleged contribution to the support of herself and her dependents on the means test and schedules.
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- 11 U.S.C.
Layng v. Benkowski (In re Benkowski)
Jun
05
2012
Ruling
Discharge denied due to failure to disclose inheritance, other assets or transfer of business within two years of petition date.
Procedural posture
Plaintiff United States Trustee (UST) filed a complaint against defendant chapter 7 debtor seeking to deny his discharge under 11 U.S.C.S. § 727(a)(4)(A) based upon the debtor's false oath.
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- 11 U.S.C.
United States Trustee v. Gainey (In re Gainey)
Feb
17
2012
Ruling
Discharge denied due to continuing failure to disclose marine assets.
Procedural posture
After debtors won a discharge in a no-asset chapter 7 case, the U.S. trustee (UST), filed an adversary complaint to deny a discharge under 11 U.S.C.S. § 727(a)(4)(A) and 11 U.S.C.S. § 727(a)(2). The underlying issue related to debtors' continuing failure to disclose their ownership of certain marine assets including a marine boat, two jet skis and a pontoon boat, all of which property grossed $23,000 when later sold at auction.
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:
- 11 U.S.C.
In re Pepper
Nov
02
2011
Ruling
Discharge denied due to gross understatement of income and retirement accounts and omission of investments from schedules.
Procedural posture
Chapter 7 trustee filed an adversary proceeding alleging that defendant debtors were not entitled to a discharge under 11 U.S.C.S. § 727(a)(4)(A) because they knowingly filed schedules that misstated their incomes and failed to disclose certain transactions assets.
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:
- 11 U.S.C.
Stevenson v. Taylor (In re Taylor)
Oct
26
2011
Ruling
Bankruptcy court properly denied discharge due to debtor's cavalier attitude to disclosure requirements.
Procedural posture
Trustee filed a complaint in the U.S. Bankruptcy Court for the Eastern District of Michigan, seeking to deny defendant chapter 7 debtor a discharge under 11 U.S.C.S. § 727(a)(4) based on alleged nondisclosures. The bankruptcy court entered an order denying discharge. The debtor appealed.
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- 11 U.S.C.
Keeton v. Sohal (In re Sohal)
Sep
23
2011
Ruling
Discharge denied due to omissions and misstatements in schedules.
Procedural posture
Plaintiff judgment creditor brought an adversary action against defendant debtors, husband and wife, asking that the debtors' discharges be denied under 11 U.S.C.S. § 727(a)(4)(A).
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- 11 U.S.C.
Estate of Bishop v. Mulholland (In re Mulholland)
Sep
16
2011
Ruling
Debtor vending machine business operator denied discharge due to false statements and omissions from schedules.
Procedural posture
Creditors filed a complaint against chapter 7 debtors objecting to discharge under 11 U.S.C.S. § 727(a)(4)(A).
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- 11 U.S.C.
Lussier v. Sullivan (In re Sullivan)
Sep
08
2011
Ruling
Discharge properly denied due to omission and undervaluation of assets.
Procedural posture
Appellant debtor sought review of an order from the United States Bankruptcy Court for the District of Massachusetts denying his discharge under 11 U.S.C.S. § 727(a)(4)(A).
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Judge or Jurisdiction information not available
- 11 U.S.C.
Davis v. Weddington (In re Weddington)
Sep
07
2011
Ruling
Discharge denied due to material omission of new job and income.
Procedural posture
Plaintiff Chapter 7 trustee filed a complaint objecting to defendant Chapter 7 debtor's discharge pursuant to various provisions of 11 U.S.C.S. § 727(a). He also sought to expand the debtor's Chapter 7 estate pursuant to 11 U.S.C.S. § 348(f)(2), he objected to the debtor's exemption of his hunting equipment as a tool of the trade under Kan. Stat. Ann. § 60-2304(e). The trustee moved for partial summary judgment on his false oath claim.
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