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§ 727(a)(7)

Swing House Rehearsal & Recording, Inc., In re--Jaurigui v. Jaurugui

Ruling
Plaintiff was not allowed to amend his complaint as it would have unduly prejudiceddefendant as it was completed before the request to amend and defendant had no opportunityto defend against the unpled claim. (Bankr. C.D. Cal.)
Issue(s)
Discharge; Grounds for Denial; Objectionable Conduct Concerning Insiders

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Commercial opinion summary, case decided on March 18, 2022 , LexisNexis #0522-068

Rupp v. Pearson (In re Pearson)

Ruling
Debtor's actions in prior chapter 13 case were not grounds for denial of discharge in subsequent chapter 7 case.
Issue(s)
Could trustee's motion for default be granted in proceeding for denial of discharge based on chapter 7 debtor's actions in a prior chapter 13 case?

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Consumer opinion summary, case decided on July 03, 2014 , LexisNexis #0714-134

Kane v. Stewart Tilghman Fox & Bianchi PA (In re Kane)

Ruling
Debtor's misconduct in law firm's chapter 11 bankruptcy case properly held to bar his own discharge.
Issue(s)
Did the bankruptcy court wrongfully denied debtor attorney's discharge by joint application since he claimed not to have transferred the assets of the his law firm with the intent to hinder, delay, or defraud other firms?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 26, 2014 , LexisNexis #0714-064

Schmidt v. Cantu (In re Cantu)

Ruling
Discharge denied due to debtor's false oaths, concealment of assets, refusal to comply with court orders, failure to keep records and withholding information.
Procedural posture

Plaintiffs objected to defendant Chapter 7 debtors' discharge pursuant to 11 U.S.C.S. § 727.

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Consumer opinion summary, case decided on February 17, 2011 , LexisNexis #0311-062

Gargula v. Brock (In re Brock)

Ruling
Discharge denied due to debtor's concealment of bank account opened in name of son-in-law who was also a debtor in his own case.
Procedural posture

Plaintiff United States Trustee (UST) filed this adversary proceeding seeking to deny the debtor's discharge under 11 U.S.C.S. § 727(a)(2), (4), and (7). The UST moved for summary judgment on the § 727(a)(7) prong of her complaint.

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Consumer opinion summary, case decided on December 03, 2009 , LexisNexis #0110-094

Musilli v. Droomers (In re Musilli)

Ruling
Law firm partners' discharge denied as they were insiders of debtor law firm and fraudulently transferred or concealed firm assets.
Procedural posture

Appellant chapter 7 debtors challenged a decision of the U.S. Bankruptcy Court for the Eastern District of Michigan, which granted summary judgment in favor of appellee, the estate representative for deceased judgment creditor, ruling that the debtors' obligations arising from a state court finding of contempt were nondischargeable under 11 U.S.C.S. § 523(a)(6), , alternatively, denying a discharge of those debts under 11 U.S.C.S. § 727(a)(7).

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Consumer opinion summary, case decided on November 25, 2008 , LexisNexis #0309-050