- 11 U.S.C.
Schlant v. Galan (In re Galan)
Dec
23
2014
Ruling
Discharge revoked due to debtor knowingly, fraudulently, or recklessly failing to report and turn over estate property.
Issue(s)
Was debtor's failure to turn over estate property grounds for denial of discharge?
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Court
:
- 11 U.S.C.
Lyon v. Coates (In re Coates)
Jun
13
2014
Ruling
Discharge denied due to debtor's failure to disclose assets which he used for his own benefit.
Issue(s)
Should debtors' discharge be denied due to their knowingly and fraudulently failing to disclose an asset of the estate and the subsequent use of that asset or was the failure an honest mistake caused by debtors' lack of financial education and exacerbated by the actions of counsel?
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Court
:
- 11 U.S.C.
Pryor v. DAlessio (In re DAlessio)
Jan
17
2014
Ruling
Discharge not revoked despite piercing of corporate veil between debtor's two corporations where corporate assets not disclosed or turned over by debtor were not property of the estate.
Issue(s)
Should debtor's discharge should be revoked based on failure to report or turnover to the trustee post-petition revenues and intangible assets generated by the operations of corporations owned 100 percent by debtor.
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:
- 11 U.S.C.
In re Romaine
Mar
08
2012
Ruling
Discharge revoked due to failure to disclose postpetition sale of irrigation company.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant chapter 7 debtor, seeking an order under 11 U.S.C.S. § 727 which revoked the debtor's discharge. The case was tried to the court.
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Court
:
- 11 U.S.C.
Doeling v. Coating Specialties LLC (In re Toftness)
Nov
29
2010
Ruling
Discharge properly revoked due to debtor's failure to disclose ownership of two LLCs or report payments received from energy company.
Procedural posture
Chapter 7 trustee filed an action against defendants, a debtor and several businesses and financial entities, seeking an order under 11 U.S.C.S. § 727(d)(2) which revoked a discharge the debtor received after he declared chapter 7 bankruptcy. The U. S. Bankruptcy Court for the District of Minnesota entered an order revoking the debtor's discharge, and the debtor appealed.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Reed v. Cooper (In re Cooper)
Mar
10
2010
Ruling
Discharge revoked due to debtor's failure to turn over proceeds of sale of real property.
Procedural posture
Chapter 7 trustee and a creditor filed an adversary proceeding seeking the revocation of the debtor's discharge granted in 1999, and seeking turnover of the proceeds of sales of real property of the estate, as well as damages, as a result of the debtor's alleged postdischarge fraud, pursuant to 11 U.S.C.S. § 727(d)(2) and (3).
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Court
:
- 11 U.S.C.
Fischer v. Mast (In re Mast)
Sep
23
2008
Ruling
Discharge revoked due to debtors' failure to comply with court order to turn over tax returns.
Procedural posture
Chapter 7 trustee moved for the entry of a default judgment on her complaint against defendant debtors seeking to revoke the debtors' discharge pursuant to 11 U.S.C.S. § 727(d)(2) because of their failure to comply with a court order to turn over their 2007 income tax refunds to the trustee. The debtors had been served by mail at their last known address, but the service had been returned as undeliverable.
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Court
:
- 11 U.S.C.
Kokkena v. Klages (In re Klages)
Jan
31
2008
Ruling
Bankruptcy court properly denied discharge based on debtor's knowing and fraudulent failure to turn over tax refunds.
Procedural posture
Appellant debtor challenged a decision of the Bankruptcy Court for the Southern District of Iowa that revoked his discharge for knowingly and fraudulently failing to turn over a tax refund to the chapter 7 Trustee. The issue was whether the bankruptcy court erred when it concluded that the debtor's failure to turn over his tax refund was done knowingly and fraudulently.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Ferguson v. Fisher (In re Fisher)
Jan
07
2008
Ruling
Debtor's discharge revoked due to failure to turn over stock but discharge of spouse who did not own or control stock not revoked.
Procedural posture
Plaintiff trustee filed an adversary complaint for a revocation of defendant debtors'discharge in a Chapter 7 bankruptcy case, pursuant to 11 U.S.C. § 727(d)(2).
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Court
:
- 11 U.S.C.
Seaver v. Markey (In re Markey)
Oct
29
2007
Ruling
Discharge revoked due to debtor's failure to disclose intent to mortgage exempt homestead and spending tax refunds that were property of the estate.
Procedural posture
Plaintiff chapter 7 trustee sought a revocation of defendant chapter 7 debtor's discharge pursuant to 11 U.S.C. § 727(d)(2) and objected to the debtor's amended claim of exemptions.
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Court
: