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Malley v. Agin

Aug
15
2012
Ruling
Bankruptcy court lacked authority to surcharge debtor's interest in exempt property due to willful concealment of funds.
Procedural posture

Appellant, a debtor in a chapter 7 liquidation proceeding, appealed from the United States Bankruptcy Court for the District of Massachusetts an order issued in reliance on 11 U.S.C.S. § 105(a) surcharging his interest in property listed as exempt. The debtor challenged the surcharge as exceeding the equitable power granted by § 105(a).

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 15, 2012 , LexisNexis #0912-001
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Sherman v. Potapov (In re Sherman)

Apr
21
2010
Ruling
Bankruptcy court properly excepted arbitration award from discharge as based on embezzlement.
Procedural posture

Appellee creditors brought an adversary action against appellant bankruptcy debtor, seeking to exempt an arbitration award from discharge under 11 U.S.C.S. § 523(a)(4). The bankruptcy court denied discharge, and the United States District Court for the District of Massachusetts affirmed. The debtor appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 21, 2010 , LexisNexis #0610-139
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