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Ouellette v. Ouellette (In re Ouellette)

Ouellette v. Ouellette (In re Ouellette)

Ruling
Trustee's motion for summary judgment seeking to revoke debtors' discharge based on alleged fraud was denied since disputed issues of fact regarding debtor's intent existed.
Procedural posture

Plaintiff U.S. trustee sued defendant chapter 7 debtors, seeking to revoke discharge pursuant to 11 U.S.C. § 727(d)(1) due to an alleged failure to disclose significant losses relating to one debtor's gambling or to disclose the transfer of an interest in real estate and a home to one debtor's mother two months prior to filing. The trustee moved for summary judgment.

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opinion summary, case decided on July 28, 2006 , LexisNexis #0806-097