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§ 727(d)(1)

Fokkena v. Peterson (In re Peterson)

Nov
14
2006
Ruling
Discharge revoked due to numerous omissions and misrepresentations.
Procedural posture

Plaintiff United States Trustee filed a complaint to revoke defendant debtor's discharge under 11 U.S.C. § 727(d)(1) on the grounds that the chapter 7 debtor concealed or transferred estate assets with the intent to hinder, delay, or defraud the trustee and creditors and knowingly and fraudulently made a false oath in his schedules and statement of financial affairs and at the creditors'meeting.

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opinion summary, case decided on November 14, 2006 , LexisNexis #1206-070
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Lightfoot v. Landry (In re Lightfoot)

Aug
25
2006
Ruling
Revocation of discharge for failure to disclose motorcycle denied where trustee knew of alleged fraud, but failed to act prior to deadline for objection to discharge.
Procedural posture

Plaintiff chapter 7 trustee sued defendant debtors, seeking to revoke their discharge under 11 U.S.C. § 727(d)(1) on the ground that they failed to disclose a motorcycle on their original bankruptcy schedules. The bankruptcy court held a trial on the complaint.

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opinion summary, case decided on August 25, 2006 , LexisNexis #1006-101
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Ray v. Khim Lam (In re Kim Lam)

Jul
24
2006
Ruling
Debtor's failure to disclose property owned jointly with monk was not grounds for revocation of discharge as debtors derived no financial benefit from the property.
Procedural posture

Plaintiff trustee's complaint to revoke defendant debtor's discharge pursuant to 11 U.S.C. § 727(d)(1) and (2) came on for trial.

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opinion summary, case decided on July 24, 2006 , LexisNexis #1106-034
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Warsco v. Saylor

Feb
28
2006
Ruling
Discharge was revoked since inaccurate information was provided during case.
Procedural posture

In an adversary proceeding, plaintiff trustee sought a revocation of the discharge previously granted to defendant debtors on the ground that their bankruptcy schedules and statement of affairs had been materially false and that the debtors had knowingly and fraudulently made a false oath in connection with their bankruptcy in violation of 11 U.S.C. § 727(a)(4).

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opinion summary, case decided on February 28, 2006 , LexisNexis #0706-100
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In re Habash

Jan
09
2006
Ruling
Proceeding for revocation of discharge properly dismissed as untimely where creditor should have been capable of filing within time limits.
Procedural posture

Appellant creditor filed an adversary complaint to revoke appellee debtor's chapter 7 discharge in the bankruptcy court. The bankruptcy court dismissed the complaint with prejudice and the creditor appealed.

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opinion summary, case decided on January 09, 2006 , LexisNexis #0207-102
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