- 11 U.S.C.
Chase v. Harris (In re Harris)
Apr
15
2008
Ruling
Discharge properly denied due to debtor's omission of five credit cards from schedules.
Procedural posture
Defendant debtor appealed an order of the Bankruptcy Court for the District of Massachusetts, which granted plaintiff creditor's request to deny the debtor a 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.
Chase v. Harris (In re Chase)
Apr
15
2008
Ruling
Debtor who acted with reckless indifference to truth and made no attempt to amend schedules after admitting to intentional omissions was properly denied discharge.
Procedural posture
Defendant debtor appealed an order of the Bankruptcy Court for the District of Massachusetts, which granted plaintiff creditor's request to deny the debtor a 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.
Hyundai Motor Fin. Co. v. Adamo (In re Adamo)
Apr
11
2008
Ruling
Discharge denied due to debtor's fraudulent transfers and false statements about assets.
Procedural posture
Plaintiff creditor filed a Fed. R. Civ. P. 56 motion for summary judgment on its adversary proceeding seeking to deny a discharge under 11 U.S.C.S. § 727(a)(4)(A) and (2)(B) on the ground that defendant debtor fraudulently transferred assets belonging to the bankruptcy estate and made false statements about his assets.
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- 11 U.S.C.
Cadle Co. v. Zofko (In re Zofko)
Feb
07
2008
Ruling
Debtor's omissions did not rise to level that would require denial of discharge.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking to deny the debtor his discharge pursuant to 11 U.S.C.S. § 727. The matter was appealed to the United States District Court for the Western District of Pennsylvania. The district court remanded the matter after it was unclear whether the correct legal standard was applied relative to intent under 11 U.S.C.S. § 727(a)(4)(A).
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- 11 U.S.C.
Khalil v. Developers Sur. & Indem. Co. (In re Khalil)
Nov
06
2007
Ruling
Discharge denied due to debtor's reckless indifference to accuracy of statements and schedules.
Procedural posture
Appellant debtor challenged the Bankruptcy Court for the Central District of California's judgment denying his discharge under 11 U.S.C. § 727(a)(4)(A) (amended 2005) for knowingly and fraudulently making a false oath or account in, or in connection with, this bankruptcy case. Appellee creditor cross-appealed seeking denial of debtor's discharge under other provisions of section 727(a).
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Schmitt v. OBrien (In re OBrien)
Oct
19
2007
Ruling
Multiple nondisclosures by debtor resulted in denial of discharge.
Procedural posture
Plaintiffs, the U.S. Trustee and a bankruptcy trustee, brought an adversary proceeding against defendant bankruptcy debtor, alleging that the debtor made false oaths and accounts in failing to disclose assets and transfers which warranted a denial of the debtor's discharge under 11 U.S.C. § 727(a)(4)(A). The bankruptcy court conducted a trial.
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- 11 U.S.C.
Wieland v. Harvey (In re Harvey)
Oct
16
2007
Ruling
Debtor's failure to disclose assets and material omissions justified denial of discharge but co- debtor spouse was granted a discharge.
Procedural posture
Plaintiff United States Trustee ("UST") objected to the discharge of defendants, a debtor and his co-debtor, pursuant to 11 U.S.C. § 727(a)(4)(A).
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- 11 U.S.C.
Mercantile Peninsula Bank v. French (In re French)
Aug
27
2007
Ruling
Denial of discharge reversed and remanded due to reasonable question of fact regarding debtor's intent.
Procedural posture
Appellant debtor appealed the final judgment of the District Court for the District of Maryland affirming the decision of the bankruptcy court. By its opinion, the bankruptcy court denied the debtor's discharge petition and awarded summary judgment to a creditor.
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- 11 U.S.C.
Roberts v. Montgomery (In re Montgomery)
Feb
27
2007
Ruling
Intentional errors and omissions in schedules made with intent to deceive were grounds for denial of discharge.
Procedural posture
An adversary proceeding was before the court upon the Complaint filed by plaintiff trustee objecting to the discharge of defendant debtors. The objection to discharge was grounded on 11 U.S.C. § 727(a)(2)(A), (a)(2)(B) and (a)(4)(A).
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- 11 U.S.C.
Behnke v. Murphy (In re Murphy)
Feb
27
2007
Ruling
Errors and omissions in schedules by financially unsophisticated debtors were not grounds for denial of discharge.
Procedural posture
Creditor filed a complaint against chapter 7 debtors, seeking a denial of debtors'discharge pursuant to 11 U.S.C. § 727(a)(4)(A), alleging that debtors knowingly and fraudulently made false oaths in connection with their chapter 7 case.
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