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§ 727(a)(4)(A)

Premier Capital, LLC v. Crawford (In re Crawford)

Ruling
Omission of cash balance plan retirement account from schedules properly held to be groundsfor denial of discharge. (1st Cir.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 25, 2016 , LexisNexis #1116-096

Hannon v. ABCD Holdings, LLC (In re Hannon)

Ruling
Discharge properly denied due to debtor’s signing false operating statements under oath. (1stCir.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 07, 2016 , LexisNexis #1116-031

Messer v. Gao (In re Gao)

Ruling
Discharge denied due to false financial statements made by debtor under oath. (Bankr.E.D.N.Y.)
Issue(s)
Should discharge be denied where debtor concealed the fact that he previously owned a 5% interest in an LLC?

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Consumer opinion summary, case decided on September 30, 2016 , LexisNexis #1016-129

Ruter v. Schryver (In re Schryver)

Ruling
Discharge denied due to misstatements and omissions in schedules. (Bankr. N.D. Ill.)
Issue(s)
Were debtor’s misstatements and omissions from schedules grounds for denial of discharge?

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Consumer opinion summary, case decided on September 28, 2016 , LexisNexis #1016-128

Lariat Cos. v. Wigley (In re Wigley)

Ruling
Denial of motion to dismiss or convert and subsequent confirmation of plan affirmed onappeal. (B.A.P. 8th Cir.)
Issue(s)
The main issue on appeal was whether the bankruptcy court properly denied the creditor's request to dismiss debtor's case or convert it to Chapter 7 under 11 U.S.C.S. § 1112(b)(1), resulting in the ultimate confirmation of debtor's fourth modified Chapter 11 plan.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 21, 2016 , LexisNexis #1016-064

Osherow v. Charles (In re Wolf)

Ruling
Discharge denied due to debtor’s false oaths and fraudulent transfer of property to formerspouse. (Bankr. W.D. Tex.)
Issue(s)
Were transfers the debtor's properties to debtor’s spouse, while facing a large judgment, that were followed by an uncontested divorce, avoidable as fraudulent?

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Consumer opinion summary, case decided on September 15, 2016 , LexisNexis #1016-062

Mendelsohn v. Haddad (In re Haddad)

Ruling
Discharge denied due to fraudulent omission of bank account from schedules. (Bankr.E.D.N.Y.)
Issue(s)
Should debtor’s discharge be denied due to failure to list bank account in schedules?

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Consumer opinion summary, case decided on August 25, 2016 , LexisNexis #0916-101

United States v. Manno-DeGraw (In re Manno-Degraw)

Ruling
Debtor’s material false statements,errors and omissions were grounds for denial of discharge.(Bankr. E.D.N.Y.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Consumer opinion summary, case decided on July 06, 2016 , LexisNexis #1216-021

Pergament v. Gonzalez (In re Gonzalez)

Ruling
Discharge denied due to debtor’s numerous false statements and omissions.
Issue(s)
Should debtors’ discharge be denied based on numerous false statements and omissions in schedules and statement of financial affairs?

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Consumer opinion summary, case decided on June 23, 2016 , LexisNexis #0716-082

Neary v. Gauger (In re Gauger)

Ruling
Unintentional misrepresentations and omissions in schedules were not grounds for denial of discharge.
Issue(s)
Should the U.S. Trustee’s motions to dismiss two chapter 7 cases be granted?

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Commercial opinion summary, case decided on June 17, 2016 , LexisNexis #0716-055