- 11 U.S.C.
Pappas, In re--Pnevmatikos v. Pappas
Feb
26
2025
Ruling
Motion to dismiss for alleged unexplained loss of assets was denied due to creditor’s failure to specify the assets in question. (Bankr. N.D. Ill.)
Issue(s)
Discharge; Grounds for Denial; Failure to Explain Losses.
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:
- 11 U.S.C.
Villarreal, In re
Nov
08
2024
Ruling
Chapter 7 debtor was denied a discharge as explanations of having "lived lavishly" did not overcome burden to provide a satisfactory explanation for absence of proceeds of pre-bankruptcy home sale. (Bankr. N.D. Tex.)
Issue(s)
Discharge; Grounds for Denial; Failure to Explain Losses.
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:
- 11 U.S.C.
Crawford, In re--Smithyman v. Crawford
Sep
27
2023
Ruling
Creditor was not entitled to have his entire contractual debt determined to benondischargeable and/or to an order denying the defendant a discharge as the undisputedfacts did not support these demands. (Bankr. N.D. Ga.)
Issue(s)
Discharge; Grounds for Denial; Failure to Explain Losses.
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- 11 U.S.C.
Gleiber, In re
Aug
28
2023
Ruling
Debtor was entitled to recover fees and costs in an adversary proceeding for denial ofdischarge as the prevailing party pursuant to state law. (Bankr. S.D. Fla.)
Issue(s)
Discharge; Grounds for Denial; Failure to Explain Losses.
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:
- 11 U.S.C.
Tucker, In re
Jun
09
2022
Ruling
Discharge denied due to debtor’s failure to preserve information from which interested partiescould have ascertained his financial condition or to account for absence of more than$1,000,000. (Bankr. N.D. W. Va.)
Issue(s)
Discharge; Grounds for Denial; Failure to Explain Losses.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Vereen, In re--United States SBA v. Vereen
Apr
04
2022
Ruling
Discharge denied as debtor failed to adequately explain the disposition of the trucks that hepurchased with SBA loan money. (Bankr. M.D.N.C.)
Issue(s)
Discharge; Grounds for Denial; Failure to Explain Losses.
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:
- 11 U.S.C.
McDonald v. McDonald
Apr
01
2022
Ruling
Denial of discharge affirmed where debtor failed to provide a satisfactory explanation fordeficiency in assets. (6th Cir.)
Issue(s)
Discharge; Grounds for Denial; Failure to Explain Losses.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Ferguson, In re--Ferguson
Oct
29
2021
Ruling
Trustee made prima facie showing that funds sufficient to pay the debtor's debts in fullexisted and debtor failed to sufficiently explain the dissipation of such funds despite claimingthat the money was lost gambling. (Bankr. N.D. Ill.)
Issue(s)
Discharge; Grounds for Denial; Failure to Explain Losses.
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:
- 11 U.S.C.
Adkins, In re--Quality Car & Truck Leasing, Inc. v. Adkins
Dec
01
2017
Ruling
Debtor's discharge was denied where creditor has shown that debtor possessed livestock andequipment at filing and as there was no discharge entered, creditor also showed theunexplained loss of those assets prior to discharge. (Bankr. S.D. W. Va.)HOLDINGS; [1]-Creditor was not entitled to summary judgment on its 11 U.S.C.S. § 727(a)(2)(B) claim, asit provided insufficient proof that any transfers of its collateral -- equipment or livestock -- were made afterthe filing date of the petition; [2]-Creditor made the requisite showing under § 727(a)(5), as debtoracknowledged on his schedules that he owned livestock and equipment at filing and, because no dischargewas entered, creditor showed the unexplained loss of those assets prior to discharge; [3]-Debtor's claim thatthe collateral was taken or sold by another creditor was a fantastical assertion, as livestock and farmequipment were not small possessions that could easily be removed without his knowledge; [4]-Assertionthat he had no idea where the equipment or cattle went was simply incredible and did not rise to the levelof the showing required to defeat summary judgment.Adkins, In re--Quality Car & Truck Leasing, Inc. v. Adkins, 2017 Bankr. LEXIS 4099 (Bankr. S.D. W. Va. December 1, 2017) (Volk, C.B.J.).
Issue(s)
Discharge; Grounds for Denial; Failure to Explain Losses.
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:
- 11 U.S.C.
Brown, In re--Grassmann v. Brown
Jun
23
2017
Ruling
Court declined to grant discharge where debtor failed to explain the proven disappearance of a large portion of the sale proceeds from the sale of a property. (Bankr. W.D. Okla.)
Issue(s)
Discharge; Grounds for Denial; Failure to Explain Losses.
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