Sep
16
2011
Estate of Bishop v. Mulholland (In re Mulholland)
Creditors filed a complaint against chapter 7 debtors objecting to discharge under 11 U.S.C.S. § 727(a)(4)(A).
Ruling:
Debtor vending machine business operator denied discharge due to false statements and omissions from schedules.
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Consumer case opionion summary, case decided on September 16,2011, LexisNexis #1011-127
Sep
08
2011
Lussier v. Sullivan (In re Sullivan)
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).
Ruling:
Discharge properly denied due to omission and undervaluation of assets.
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Consumer case opionion summary, case decided on September 08,2011, LexisNexis #1011-022
Sep
07
2011
Davis v. Weddington (In re Weddington)
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), and 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.
Ruling:
Discharge denied due to material omission of new job and income.
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Consumer case opionion summary, case decided on September 07,2011, LexisNexis #1011-097
Sep
01
2011
Jacobs v. Pitts (In re Pitts)
Plaintiff bankruptcy administrator filed a complaint seeking a judgment denying defendant Chapter 7 debtor a discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A) on the grounds that the debtor knowingly and fraudulently, in or in connection with his bankruptcy case, made a false oath or account.
Ruling:
Discharge denied due to numerous false statements.
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Consumer case opionion summary, case decided on September 01,2011, LexisNexis #1011-023
Jul
12
2011
Credit Union Liquidity Servs. LLC v. Sherman (In re Sherman)
Plaintiff creditor brought an adversary complaint objecting to the grant of a discharge to defendant debtor, asserting, among other grounds, that debtor made several false statements under oath and omitted assets from his schedules and statement of affairs, in violation of 11 U.S.C.S. § 727(a)(4)(A).
Ruling:
Discharge denied due to false statements under oath and omission of assets from schedules and statements.
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Consumer case opionion summary, case decided on July 12,2011, LexisNexis #0811-060
Apr
26
2011
United States Trustee v. Howell (In re Howell)
United States Trustee brought an adversary proceeding against debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(4)(A) based on the debtor's false oaths and accounts in connection with his bankruptcy case.
Ruling:
Discharge denied due to debtor's false oath and accounts.
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Consumer case opionion summary, case decided on April 26,2011, LexisNexis #0511-094
Oct
08
2010
Pugsley v. Jalajel (In re Jalajel)
Plaintiff trustee filed a complaint seeking to deny the debtor a discharge under 11 U.S.C.S. § 727(a) based on the debtor's failure to schedule jewelry, his undervaluing of jewelry he did schedule, and his selling of jewelry that was property of the estate after the filing of the petition and without court authorization.
Ruling:
Discharge denied due to debtor's failure to schedule jewelry, undervaluing of other jewelry and unauthorized postpetition sale of estate property.
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Consumer case opionion summary, case decided on October 08,2010, LexisNexis #1110-058
Oct
06
2010
Neary v. Cline (In re Cline)
Plaintiff United States Trustee (UST) filed a complaint against defendant Chapter 7 debtor objecting to his discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A).
Ruling:
Discharge denied due to debtor's failure to disclose sale of real property and mineral leases.
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Consumer case opionion summary, case decided on October 06,2010, LexisNexis #1110-059
Sep
15
2010
Fitzgerald v. Gorman (In re Gorman)
United States Trustee (UST) filed a complaint against defendant chapter 7 debtor objecting to his discharge pursuant to 11 U.S.C.S. § 727(a)(2)(B) and (a)(4)(A).
Ruling:
Discharge denied due to debtor's nondisclosure of interests in several business entities.
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Consumer case opionion summary, case decided on September 15,2010, LexisNexis #1110-027
Sep
09
2010
United States Trustee v. Loussedes (In re Loussedes)
After a random audit of the Chapter 7 case filed by debtors, a married couple, revealed asset dispositions and other transactions that the U.S. Trustee (UST) deemed material, the UST filed a complaint to deny a discharge to debtors based on 11 U.S.C.S. § 727(a)(4)(A). At issue was whether they failed to provide complete, truthful, and reliable information and did so to a degree that was sufficient to support a finding that they did so willfully.
Ruling:
Discharge denied due to debtors' failure to report payment made to creditor and omission of rental property.
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Consumer case opionion summary, case decided on September 09,2010, LexisNexis #1010-124
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