Schilling v. Reid
Aug
25
2006
Ruling
Debtor's good faith post-discharge sale of property of the estate and retention of proceeds was not cause for revocation.
Procedural posture
Plaintiff trustee sued defendant debtor, contending that the debtor's discharge should have been revoked pursuant to 11 U.S.C. § 727(d)(2) because she had sold real estate postdischarge and retained the proceeds for her own use rather than submitting them to the trustee. The bankruptcy court held a trial.
ABI Membership is required to access the full summary of Schilling v. Reid Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
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.
ABI Membership is required to access the full summary of Lightfoot v. Landry (In re Lightfoot) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Still v. Gault (In re Gault)
Aug
04
2006
Ruling
Concealment of prepetition property did not provide grounds for revocation of discharge.
Procedural posture
In a chapter 7 case, plaintiff trustee sued defendant debtor, seeking to revoke the debtor's discharge pursuant to 11 U.S.C. § 727(d)(2). The court denied the trustee's motion for default judgment and dismissed the complaint. The trustee then moved to vacate the dismissal.
ABI Membership is required to access the full summary of Still v. Gault (In re Gault) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
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.
ABI Membership is required to access the full summary of Ray v. Khim Lam (In re Kim Lam) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
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.
ABI Membership is required to access the full summary of Grossman v. Foster (In re Foster) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
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).
ABI Membership is required to access the full summary of Warsco v. Saylor Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
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.
ABI Membership is required to access the full summary of Sicherman v. Rivera (In re Rivera) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
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.
ABI Membership is required to access the full summary of In re Habash Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
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.
ABI Membership is required to access the full summary of Richardson v. Schoemperlen (In re Schoemperlen) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: