- 11 U.S.C.
Kinerson, In re--McGranahan v. Kinerson
Dec
04
2017
Ruling
Debtor's discharge denied as she knowingly and fraudulently made a false oath by indicating that she had not transferred real property during the two years before filing her bankruptcy. (Bankr. E.D. Cal.)Where debtor transferred her remaining 50% interest in real property to her son more than one year before she filed her bankruptcy case, cause existed to deny debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A) because she knowingly and fraudulently made a false oath by indicating that she had not transferred any real property during the two years before filing her bankruptcy petition; [2]-Denial of debtor's discharge pursuant to § 727(a)(2)(A) was not warranted because debtor did not conceal an interest in the property from the bankruptcy trustee or a creditor during the year before her bankruptcy case was filed; [3]-Denial of debtor's discharge pursuant to § 727(a)(2)(B) was also not warranted because debtor did not conceal an interest in the property after the bankruptcy petition was filed.Kinerson, In re--McGranahan v. Kinerson, 2017 Bankr. LEXIS 4136 (Bankr. E.D. Cal. December 4, 2017) (McManus, B.J.).
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
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Court
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