McDonnell v. Blaine
Mar
26
2014
Ruling
Debtor's failure to schedule judgment award on advice of counsel was not grounds for revocation of discharge.
Issue(s)
Should debtor's discharge be revoked due to a failure to disclose a judgment award?
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Court
:
- 11 U.S.C.
Thorpe v. Conant (In re Conant)
Mar
06
2014
Ruling
Discharge revoked due to misrepresentation of ownership interest in assets.
Issue(s)
Should debtors' discharge be revoked due to misrepresentations regarding ownership interest in assets?
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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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Court
:
- 11 U.S.C.
In re Herman
Nov
26
2013
Ruling
Creditor whose lawyer received notice of petition could not reopen case to object to discharge on grounds of fraud.
Issue(s)
Was creditor entitled to reopen the bankruptcy case and pursue revocation of the discharge of the debt and a nondischargeability complaint more than one year after deadline due to alleged improper notice?
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Court
:
Judge or Jurisdiction information not available
Melaragno v. Mazzei (In re Snavley)
Nov
12
2013
Ruling
Discharge could not be set aside absent fraud, despite lack of opposition and sympathetic debtor.
Issue(s)
Could discharge be set aside where debtor was not well served by her former attorney, who advised her to file a bankruptcy when there were much better options available to her, and no one took any steps on the Debtor's behalf to prevent a discharge from being entered once it had been filed.
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Court
:
- 11 U.S.C.
Romano v. Defusco (In re Defusco)
Oct
29
2013
Ruling
Deadline for revocation of discharge was not subject to equitable tolling.
Issue(s)
Was late filed proceeding for revocation of discharge subject to dismissal or did equitable tolling apply. .
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Court
:
- 11 U.S.C.
Boydstun v. Galey (In re Boydstun)
Sep
13
2013
Ruling
Revocation of discharge denied as adversary proceeding was untimely and creditor had knowledge of alleged fraud prior to discharge.
Issue(s)
Whether proceeding to revoke discharge that more than one year old was untimely.
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Court
:
Stalzer v. Reynolds (In re Reynolds)
Sep
04
2013
Ruling
Dismissal of proceeding for revocation of discharge denied.
Issue(s)
Should trustee's proceeding for revocation of discharge based on alleged omission of information of information on statement of financial affairs be dismissed .
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Court
:
Underwood v. Britt & Sons Elec. Wholesale Inc. (In re Underwood)
Aug
15
2013
Ruling
Counterclaim of unscheduled creditor in dischargeability proceeding was time barred as filed more than one year after debtor's discharge.
Issue(s)
Whether a creditor's counterclaim seeking revocation of a chapter 7 debtor's discharge under 11 U.S.C.S. § 727(d)(1) was time-barred because it filed more than one year after the debtor received his discharge.
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Court
:
- 11 U.S.C.
Du Trac Cmty. Credit Union v. Hefel (In re Hefel)
Aug
05
2013
Ruling
Discharge revoked due to undervaluation of property, failure to schedule assets and false statements.
Issue(s)
Whether chapter 7 debtors who received a discharge should have their discharge revoked pursuant to 11 U.S.C.S. § 727(d)(1).
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Court
: