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§ 727(a)

In re Jacobs

The court earlier entered its Order and Notice re: Opportunity to Request Hearing under 11 U.S.C. § 727(a)(12) to Bar Entry of Discharge, which gave notice to any party in interest to debtor's case that a request for a hearing to consider barring the entry of debtor's discharge needed to be filed within 21 days of the entry of the court's order. Before the court was the one such request it received, from debtor's landlord.
Ruling: 
Request for hearing to bar entry of discharge under section 727(a)(12) was denied since debtor elected to use federal exemptions not state and local ones.
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Larocco v. Smither (In re Smithers)

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.
Ruling: 
Denial of discharge due to the debtors filing false and incomplete bankruptcy schedules was affirmed.
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Ferguson Enters. v. Lort (In re Lort)

Plaintiff creditor filed an adversary proceeding against defendant debtor alleging that the debtor's discharge should be denied pursuant to 11 U.S.C. §§ 727(a)(2) and (a)(5) and also alleged an exception to discharge pursuant to 11 U.S.C. § 523.
Ruling: 
Debtor was denied discharge since the debtor showed an intent to defraud in transferring property of a corporation for which debtor was the sole officer and shareholder.
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Yelin v. Yelin (In re Yelin)

In an adversary proceeding, plaintiff sought (a) denial of defendant debtor's discharge pursuant to 11 U.S.C. § 727(a)(2)(A) (discharge claim) and (b) an exception to discharge of plaintiff's claims pursuant to 11 U.S.C. § 523(a)(2)(A) (dischargeability claim). Before the court was plaintiff's motion for partial summary judgment filed in an adversary proceeding within a chapter 7 case. The motion was limited to the discharge claim.
Ruling: 
Court denied summary judgment on a motion to deny the debtor discharge since a genuine issue of material fact on whether the debtor's statements and omissions in schedules were materially misleading.
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French v. Peninsula Bank (In re French)

Appellant debtor appealed from an order of bankruptcy court, which granted appellee creditor's motion for summary judgment denying debtor a discharge in bankruptcy. The bankruptcy court held that summary judgment was proper under both 11 U.S.C. § 727(a)(3) (failure to maintain rec and ds).
Ruling: 
Debtor was denied discharge for failure to maintain adequate records and for making false statements, and the bankruptcy court did not err in refusing to give credence to the debtor's claim of mental impairment.
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IBA Inc. v. Hoyt (In re Hoyt)

Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtors, asking the court to, inter alia, deny the discharge pursuant to 11 U.S.C. § 727(a)(4). The court conducted a trial.
Ruling: 
Debtor was denied a discharge due to the debtor's intent to defraud by concealing interests in the debtor's daughter's bank account.
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Johnson v. Greene (In re Greene)

Plaintiff judgment creditors brought an adversary proceeding against defendant bankruptcy debtor, objecting to the debtor's discharge under 11 U.S.C. § 727(a)(2), (3) and (4) because the debtor concealed ownership of cattle, failed to maintain records of his income, and failed to list assets on his schedules. The court conducted a trial.
Ruling: 
Creditors' objection to debtor's discharge were overruled since there was no evidence of fraudulent intent but rather lack of sophistication and business experience.
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McDow v. Geddings (In re Geddings)

Plaintiff U.S. trustee brought an adversary proceeding against defendant chapter 7 debtors, seeking denial of their discharge pursuant to 11 U.S.C. § 727(a). The trustee moved for summary judgment.
Ruling: 
Debtors were denied discharge since the debtors were deemed to have intended to defraud by not disclosing transferred property and by filing inaccurate documentation.
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United States v. Bastin (In re Bastin)

Plaintiff U.S. government filed an adversary complaint seeking to deny a discharge to defendant debtor pursuant to 11 U.S.C. § 727(a)(3) and (4). The government moved for summary judgment.
Ruling: 
Debtor was denied a discharge for not keeping adequate records, and the denial did not require finding of an intent to defraud.
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In re Stout

The U.S. trustee moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7.
Ruling: 
Trustee was granted motion to dismiss the debtor's case since the amounts the debtor budgeted for the debtor's daughter's home schooling and ice skating lessons constituted a substantial abuse of chapter 7.
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