- 11 U.S.C.
Warner v. Gallimore (In re Gallimore)
Jul
10
2008
Ruling
Objection to discharge overruled in absence of evidence of debtor's intent to defraud.
Procedural posture
Plaintiff creditor filed a complaint objecting to discharge of defendant debtor in connection with plaintiff's claim to recover a $15,000 payment made to defendant on account of defendant's sale of a trailer to plaintiff because the trailer was later impounded for an invalid VIN. Though the debt was alleged to be nondischargeable under both 11 U.S.C.S. § 727(a)(2)(A) and 11 U.S.C.S. § 523, only the § 727 claim was considered at this time.
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- 11 U.S.C.
Peterson v. Berg (In re Berg)
Apr
10
2008
Ruling
Discharge denied due to debtor's role in fraudulent conveyance scheme intended to hinder, delay or defraud creditors.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, the chapter 7 debtor, his wife, the debtor's former attorney, and other parties who claimed an interest in property co-owned by the debtor and his wife, seeking to avoid, pursuant to 11 U.S.C.S. § 544(a)(3) and § 544(b), the various interests asserted in the property, and to deny the debtor's discharge pursuant to 11 U.S.C.S. § 727.
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- 11 U.S.C.
Cutro v. Leto (In re Leto)
Nov
15
2007
Ruling
Discharge denied due to debtor's transfer of interest in four properties within one year of filing.
Procedural posture
Plaintiff judgment creditor filed a complaint against defendant chapter 7 debtor, objecting to the debtor receiving a discharge under 11 U.S.C. § 727(a)(2)(A) and (a)(5) and objecting to discharge of the judgment debt pursuant to 11 U.S.C. § 523(a)(2).
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- 11 U.S.C.
Norton v. Cole (In re Cole)
Nov
15
2007
Ruling
Professional negligence judgment against debtor attorney did not establish fraud and was dischargeable.
Procedural posture
Plaintiff judgment creditor objected to the discharge of defendant chapter 7 debtor pursuant to 11 U.S.C. § 727(a)(2)(A), (a)(3), (a)(4) and (a)(5), and objected to the dischargeability of the judgment debt owed by the debtor to the creditor under 11 U.S.C. § 523(a)(2)(A), (a)(4) and (a)(6).
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- 11 U.S.C.
Neary v. Peres (In re Peres)
Sep
18
2007
Ruling
Discharge denied due to debtors'failure to disclose business interests and eminent domain award in schedules.
Procedural posture
Plaintiff, the United States trustee, brought an adversary complaint objecting to the discharge of debtors pursuant to 11 U.S.C. § 727(a)(2)(A), (a)(3) and (a)(4). The debtors failed to disclose numerous prior business interests and a large cash eminent domain award they had received in their sworn financial statement of affairs and schedules.
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- 11 U.S.C.
Quicken Loans Inc. v. Splawn (In re Splawn)
Sep
17
2007
Ruling
Discharge denied due to debtors'failure to disclose sale of home and use of proceeds within one year of filing.
Procedural posture
Plaintiff lender filed an adversary proceeding against defendant chapter 7 debtors, seeking a judgment finding that the debtors were not entitled to an order discharging their debts because they violated 11 U.S.C. § 727(a)(2)(A), (a)(2)(B), (a)(3), (a)(4)(A) and (a)(5), inter alia, by concealing property, transferring property within one year of the date they filed bankruptcy, making false oaths, and failing to keep adequate records.
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- 11 U.S.C.
Emerging Vision Inc. v. Sundstrom (In re Sundstrom)
Aug
30
2007
Ruling
Proceeding for denial of discharge dismissed absent evidence of debtor's intent to hinder, delay or defraud in transfer of sole proprietorship to new entity.
Procedural posture
Plaintiff creditor sought denial of chapter 7 debtors'discharge under 11 U.S.C. § 727(a)(2)(A).
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- 11 U.S.C.
United Bank Inc. v. Fedczak (In re Fedczak)
Jun
06
2007
Ruling
Discharge denied due to debtor's concealment of stock ownership.
Procedural posture
Plaintiff bank filed a complaint to deny defendant debtor a discharge in the debtor's chapter 7 bankruptcy proceeding, pursuant to 11 U.S.C. § 727(a)(2)(A). The bank contended that the debtor concealed property during the year preceding the bankruptcy filing.
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- 11 U.S.C.
Moran v. Wunderlich (In re Wunderlich)
Jan
26
2007
Ruling
Attorney debtor denied discharge due to concealment of second mortgage granted in violation of legal malpractice settlement.
Procedural posture
In defendant debtor's bankruptcy action, plaintiff creditor filed a motion for summary judgment on its claim that sought on denial of the debtor's discharge under 11 U.S.C. § 727(a)(2)(A) (Count I), (a)(3) (Count III) and (a)(5) (Count VI). The debtor filed an objection.
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- 11 U.S.C.
Wilson v. Smith (In re Smith)
Dec
13
2006
Ruling
Discharge denied due to debtor's conversion of non-exempt assets into exempt property with intent to hinder, delay and defraud creditors.
Procedural posture
Plaintiffs filed a complaint against chapter 7 debtor, seeking a denial of debtor's discharge pursuant to 11 U.S.C. § 727(a)(2)(A).
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