- 11 U.S.C.
Edwards Family Pship LP v. Mitchell (In re Mitchell)
May
17
2016
Ruling
Discharge denied due to debtor's inability to explain loss of assets, including a boat condo and 113 pieces of art.
Issue(s)
Should debtor be denied a discharge due to failure to explain satisfactorily a loss of assets or a deficiency of assets to meet liabilities?
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:
- 11 U.S.C.
FDIC v. Barrick (In re Barrick)
Sep
24
2014
Ruling
Discharge denied due to failure to explain loss of assets.
Issue(s)
Should debtor's discharge be denied due to a failure to explain loss of assets?
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:
- 11 U.S.C.
In re Whitehead
Oct
16
2012
Ruling
Discharge denied due to unexplained loss of investment property.
Procedural posture
Creditor brought an adversary complaint against chapter 7 debtor objecting to discharge and/or the dischargeability of a debt, based on debtor's failure to satisfactorily explain the loss of an asset, pursuant to 11 U.S.C.S. § 727(a)(5). Creditor and debtor had a business venture that involved purchasing and fixing up houses, and debtor had transferred one such house to his parents.
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Court
:
- 11 U.S.C.
Allred v. Vilhauer (In re Vilhauer)
Oct
11
2011
Ruling
Discharge properly denied due to failure to adequately explain loss of cattle.
Procedural posture
Appellant debtors sought review of a judgment of the United States Bankruptcy Court for the District of South Dakota, which ruled in favor of appellee Chapter 7 trustee and denied the debtors' discharge pursuant to 11 U.S.C.S. § 727(a)(5).
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Judge or Jurisdiction information not available
- 11 U.S.C.
Lancs Indus. v. Dunn (In re Dunn)
Dec
03
2010
Ruling
Embezzlement of funds and deposit into debtors' joint account was grounds for denial of discharge.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtors, husband and wife, seeking denial of the debtors' discharge under 11 U.S.C.S. § 727(a)(5) based on the debtors' failure to explain the loss of funds embezzled from the creditor by the husband. The husband conceded the embezzlement and nondischargeability of the debt, and the creditor moved for summary judgment with regard to the wife.
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:
- 11 U.S.C.
Adams v. Inzero (In re Inzero)
Oct
21
2009
Ruling
Gambling addiction provided sufficient explanation for missing funds to rebut trustee's objection to discharge.
Procedural posture
Plaintiff, the United States trustee, brought a claim opposing the debtor's entitlement to a discharge, pursuant to 11 U.S.C.S. § 727(a)(5). The trustee alleged that the debtor failed to satisfactorily explain the loss of over $ 100,000 in a deficiency of assets to meet his liabilities, and thus had forfeited his right to obtain a discharge of his debts.
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Court
:
- 11 U.S.C.
Iberg v. Prewett (In re Iberg)
Oct
16
2008
Ruling
Debtors' failure to schedule a truck was not gounds for denial of discharge.
Procedural posture
Plaintiff property owner filed a complaint against defendant chapter 7 debtors, seeking monetary damages for breach of contract, denial of discharge based on 11 U.S.C.S. § 727(a)(5), a determination of dischargeability pursuant to 11 U.S.C.S. § 523(a)(6).
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:
- 11 U.S.C.
Structured Asset Serv. LLC v. Carter (In re Carter)
Jun
04
2008
Ruling
Discharge denied due to debtor's inability to explain losses sustained after receipt of lump sum lottery payment.
Procedural posture
Defendant debtor filed for relief under chapter 7 of the Bankruptcy Code. Plaintiff judgment creditor filed an amended action against the debtor, in part, objecting to the discharge of the debtor, pursuant to 11 U.S.C.S. § 727. The creditor filed an amended motion for summary judgment.
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:
- 11 U.S.C.
Fokkena v. Huynh (In re Huynh)
Jan
03
2008
Ruling
Discharge denied due to debtor's failure to explain loss of assets purchased on credit.
Procedural posture
Defendant debtor filed a petition under chapter 7, and plaintiff chapter 7 trustee was appointed to represent the bankruptcy estate. The trustee filed an adversary proceeding against the debtor, seeking judgment denying the debtor's discharge under 11 U.S.C. § 727(a)(2), (3), (4), (5) and (7).
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:
- 11 U.S.C.
Gale Aulabaugh Inc. v. Madison License & Check Exp. (In re Stordahl)
Jan
12
2007
Ruling
Discharge denied where debtor failed to explain prepetition loss of large sums of money.
Procedural posture
Creditor filed an adversary proceeding against chapter 7 debtor, objecting to debtor's discharge pursuant to 11 U.S.C. § 727(a)(5).
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Court
: