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Yelin v. Yelin (In re Yelin)

Feb
23
2006
Ruling
Court denied summary judgment on a motion to deny the debtor discharge since a genuine issue of material fact on whether the debtor's statements and omissions in schedules were materially misleading.
Procedural posture

In an adversary proceeding, plaintiff sought (a) denial of defendant debtor's discharge pursuant to 11 U.S.C. § 727(a)(2)(A) (discharge claim) and (b) an exception to discharge of plaintiff's claims pursuant to 11 U.S.C. § 523(a)(2)(A) (dischargeability claim). Before the court was plaintiff's motion for partial summary judgment filed in an adversary proceeding within a chapter 7 case. The motion was limited to the discharge claim.

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opinion summary, case decided on February 23, 2006 , LexisNexis #0306-136
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