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§ 727(a)(4)(A)

Larocco v. Smither (In re Smithers)

Ruling
Denial of discharge due to the debtors filing false and incomplete bankruptcy schedules was affirmed.
Procedural posture

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.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on March 02, 2006 , LexisNexis #0306-097

In re Ross-Tucker

Ruling
A surcharge against exempt property was allowed where a debtor failed to disclose and spent case settlement proceeds.
Procedural posture

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.

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opinion summary, case decided on November 28, 2005 , LexisNexis #0106-029

United States Tr. v. Halishak (In re Halishak)

Ruling
Debtors were denied discharge since the deficiencies in their petitions were strong indicators of fraud.
Procedural posture

: 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.

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opinion summary, case decided on September 29, 2005 , LexisNexis #0206-081

Cadle Co. v. Taras (In re Taras)

Ruling
Debtor was denied discharge due to debtor's material omission from debtor's schedules of an interest as a trust beneficiary.
Procedural posture

Plaintiff creditor filed a complaint objecting to the discharge of defendant debtor pursuant to 11 U.S.C. § 727(a)(2) and (4).

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opinion summary, case decided on August 19, 2005 , LexisNexis #0106-100