- 11 U.S.C.
United States Tr. v. Franz (In re Franz)
Nov
05
2015
Ruling
Discharge revoked due to failure to disclose or turnover inheritance.
Issue(s)
Should debtor's discharge be revoked for failure to report acquisition of property via an inheritance or to turn over the property to the trustee?
ABI Membership is required to access the full summary of United States Tr. v. Franz (In re Franz) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
McDermott v. Davis (In re Davis)
Sep
30
2015
Ruling
Failure to disclose inheritance was not knowing or fraudulent and not grounds for denial of discharge.
Issue(s)
Was debtors' failure to disclose and partial use of an inheritance grounds for denial of discharge?
ABI Membership is required to access the full summary of McDermott v. Davis (In re Davis) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Cooper, In re--Gebhardt v. Cooper
Jul
23
2015
Ruling
Debtor's discharge revoked after trustee showed sufficient evidence of debtor's fraudulent intent in failure to disclose her assets and her involvement in her mother's probate estate. (Bankr. N.D. Ga.)
Issue(s)
Discharge; Grounds for Revocation; Fraud.
ABI Membership is required to access the full summary of Cooper, In re--Gebhardt v. Cooper Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Thilman v. Thilman (In re Thilman)
Jul
09
2015
Ruling
Debtor's failure to appear at deposition or respond to discovery order was not immediate grounds for revocation of discharge.
Issue(s)
Should debtor's discharge be denied due to failure to appear for deposition or to comply with discovery orders?
ABI Membership is required to access the full summary of Thilman v. Thilman (In re Thilman) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Pergament v. Thilman (In re Thilman)
Jul
09
2015
Ruling
Debtor's failure to appear at deposition or respond to discovery order was not immediate grounds for revocation of discharge.
Issue(s)
Should debtor's discharge be denied due to failure to appear for deposition or to comply with discovery orders?
ABI Membership is required to access the full summary of Pergament v. Thilman (In re Thilman) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
United States Tr. v. Chapman (In re Chapman)
Jun
29
2015
Ruling
Discharge denied due to debtor's failure to disclose assets and filing of false statements.
Issue(s)
Should chapter 7 debtor's discharge be denied due to failure to disclose substantial assets and filing of false statements?
ABI Membership is required to access the full summary of United States Tr. v. Chapman (In re Chapman) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Layng v. Cunningham (In re Cunningham)
Feb
13
2015
Ruling
Discharge revoked due to retention and nondisclosure of settlement funds.
Issue(s)
Should debtors' discharge be revoked due to failure to disclose settlement proceeds received and spent prior to petition date?
ABI Membership is required to access the full summary of Layng v. Cunningham (In re Cunningham) 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. Flaugher (In re Flaugher)
Feb
02
2015
Ruling
Discharge revoked due to debtor's acceptance and use of EEOC award which should have been disclosed and turned over to trustee.
Issue(s)
Should debtor's discharge be revoked where debtor failed to report receipt of the proceeds from an EEOC action to the trustee, and spent almost all of the money before the trustee learned it had been received?
ABI Membership is required to access the full summary of Richardson v. Flaugher (In re Flaugher) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 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?
ABI Membership is required to access the full summary of Schlant v. Galan (In re Galan) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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?
ABI Membership is required to access the full summary of Lyon v. Coates (In re Coates) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: