Skip to main content

Page Banner(Taxonomy)

judge hastings

Doeling v. Berger (In re Berger)

Jul
29
2013
Ruling
Discharge denied due to false oaths on schedules and statement of financial affairs.
Issue(s)
Whether a bankruptcy trustee met his burden of proving that a chapter 7 debtor was not eligible under 11 U.S.C.S. § 727(a)(4) and (a)(2)(A) to have his debts discharged because he made false oaths or accounts and transferred property with the intent to hinder, delay, or defraud creditors.

ABI Membership is required to access the full summary of Doeling v. Berger (In re Berger) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 29, 2013 , LexisNexis #0813-096
LexisNexis Article
Learn More

Maler v. Hentz (In re Hentz)

Mar
25
2013
Ruling
Discharge denied due to concealment of assets and false oaths.
Procedural posture

Trustee filed an adversary complaint seeking a judgment denying a discharge to defendant debtor as permitted by 11 U.S.C.S. § 727(a)(2), (3) and (4) on the grounds that he had concealed assets and information, transferred assets to his wife's business and made false oaths.

ABI Membership is required to access the full summary of Maler v. Hentz (In re Hentz) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 25, 2013 , LexisNexis #0413-091
LexisNexis Article
Learn More

Doeling v. Vassen (In re Vassen)

Feb
08
2013
Ruling
Discharge denied due to multiple omissions and failure to cooperate with trustee, attorney or court orders.
Procedural posture

Chapter 7 trustee filed an adversary proceeding seeking a denial of debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A), (a)(4)(D) and (a)(6)(A). The debtor did not file an answer or response to the trustee's complaint.

ABI Membership is required to access the full summary of Doeling v. Vassen (In re Vassen) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 08, 2013 , LexisNexis #0313-023
LexisNexis Article
Learn More

In re Charles

Feb
05
2013
Ruling
Debtor's amended, increased homestead exemption denied for bad faith.
Procedural posture

A chapter 7 trustee objected to a debtor's claim of amended exemption under N.D.C.C. § 28-22-03 on the grounds that his amendment claiming an increased homestead exemption was made in bad faith.

ABI Membership is required to access the full summary of In re Charles Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 05, 2013 , LexisNexis #0213-138
LexisNexis Article
Learn More

In re Wenstrom

Jan
28
2013
Ruling
Objection to homestead exemption overruled where trustee failed to show that debtor abandoned interest in homestead equity.
Procedural posture

A chapter 7 bankruptcy trustee filed an objection to the homestead exemption claimed by the debtor on the ground that the debtor did not have a recognizable homestead interest in the property at the time she petitioned the court for bankruptcy relief.

ABI Membership is required to access the full summary of In re Wenstrom Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 28, 2013 , LexisNexis #0213-104
LexisNexis Article
Learn More

In re Berger

Jun
15
2012
Ruling
Extension of time to object to discharge granted to allow diligent trustee to complete investigation.
Procedural posture

A chapter 7 trustee filed a motion for extension of time to object to discharge pursuant to Fed. R. Bankr. P. 4004(b)(1). The debtor did not object, but claimed that a 60 day extension, rather than the 90 days requested by the trustee, was sufficient. A creditor also moved for an extension of time to file objection to discharge under Rule 4004(b)(2). The debtor objected on the grounds that her motion was untimely.

ABI Membership is required to access the full summary of In re Berger Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 15, 2012 , LexisNexis #0712-099
LexisNexis Article
Learn More

Kaler v. Charles (In re Charles)

Feb
14
2012
Ruling
Discharge denied due to debtor's false oaths and concealment of assets.
Procedural posture

Bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(2), (4) based on the debtor's false oaths and concealment of assets.

ABI Membership is required to access the full summary of Kaler v. Charles (In re Charles) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 14, 2012 , LexisNexis #0312-024
LexisNexis Article
Learn More
Subscribe to %1