Malicki v. Berstein (In re Berstein)
Apr
21
2011
Ruling
Failure to disclose property interest that was neither willing nor fraudulent was not grounds for denial of discharge.
Procedural posture
In this adversary proceeding, creditor sought denial of defendant debtor's chapter 7 discharge pursuant to 11 U.S.C.S. §§ 727(a)(2)(B) and/or 727(a)(4)(A). The debtor filed a counterclaim pursuant to 11 U.S.C.S. § 362(k) for damages allegedly incurred as a result of the creditor's alleged willful violations of the automatic stay.
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Court
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