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§ 727(d)(2)

McNally v. Echart (In re Echart)

Sep
05
2007
Ruling
Discharge revoked due to debtors'knowing failure to turn refund over to trustee.
Procedural posture

Plaintiff chapter 7 trustee sought to revoke the discharge of defendant chapter 7 debtors pursuant to 11 U.S.C. § 727(d)(2).

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opinion summary, case decided on September 05, 2007 , LexisNexis #1007-028
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United States Trustee v. Klages (In re Klages)

Aug
02
2007
Ruling
Discharge revoked due to debtor's spending of tax refunds contrary to court orders.
Procedural posture

Plaintiff U.S. trustee filed a proceeding to revoke the discharge of defendant debtor after the debtor failed to deliver the non-exempt portion of certain tax refunds under 11 U.S.C. § 727(d)(2). Pursuant to 11 U.S.C. § 727(d)(3) and (a)(6)(A), the U.S. Trustee also asserted that the debtor willfully disobeyed court orders to attend debtor's examinations.

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opinion summary, case decided on August 02, 2007 , LexisNexis #0907-103
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Grossman v. Foster (In re Foster)

May
24
2006
Ruling
Debtor's discharge was revoked since debtor knowingly and fraudulently failed to deliver and report certain proceeds as estate property.
Procedural posture

Plaintiff trustee filed an adversary complaint seeking a revocation, pursuant to 11 U.S.C. § 727(d)(2), of defendant debtor's chapter 7 discharge on the ground that the debtor knowingly and fraudulently failed to deliver and report the acquisition of the proceeds of a prepetition promissory note that was the property of the estate.

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opinion summary, case decided on May 24, 2006 , LexisNexis #0606-099
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Sicherman v. Rivera (In re Rivera)

Feb
13
2006
Ruling
Discharge was revoked since the debtor knowingly and fraudulently failed to report or deliver estate property to the trustee when the debtor received additional proceeds from a personal injury claim.
Procedural posture

Plaintiff chapter 7 trustee alleged that the court should revoke and deny defendant debtor's discharge because debtor: (1) obtained it through fraud by representing that he received only $15,000, as opposed to $95,000, from a personal injury claim; (2) fraudulently failed to surrender the $80,000 proceeds; and (3) refused to obey an order to appear at the Fed. R. Bankr. P. 2004 examination. Pending were cross-motions for summary judgment.

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opinion summary, case decided on February 13, 2006 , LexisNexis #0306-138
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Richardson v. Schoemperlen (In re Schoemperlen)

Oct
18
2005
Ruling
Debtor's discharge was revoked since the debtor failed to comply with instructions to turn over any inheritance obtained within six months of discharge and only complied on the eve of trial.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant debtor seeking to revoke the debtor's discharge pursuant to 11 U.S.C. § 727(d)(2) for the debtor's failure to turn over an inheritance that the debtor received after filing the debtor's bankruptcy petition. The debtor turned over the required amount immediately prior to trial.

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opinion summary, case decided on October 18, 2005 , LexisNexis #0106-065
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