- 11 U.S.C.
Cottini v. Blanchard (In re Blanchard)
Aug
22
2014
Ruling
Less than stellar record-keeping from which debtor's financial condition could still be ascertained was not grounds for dismissal.
Issue(s)
Should case be dismissed due to debtor's failure to keep adequate records?
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- 11 U.S.C.
Mann v. Mann (In re Mann)
Jun
04
2014
Ruling
Discharge denied due to failure to provide material financial information.
Issue(s)
Was debt under marital settlement agreement, including credit card debt the debtor was obligated to pay and the former ended up paying because the spouse's credit was at risk, nondischargeable?
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:
- 11 U.S.C.
Adams v. McKay (In re McKay)
Jan
03
2014
Ruling
Failure to keep records was not grounds for denial of discharge where debtor reasonably relied on son to run business.
Issue(s)
Should discharge be denied for failure to keep records where debtor relied on son to operate the business.
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- 11 U.S.C.
DeAngelis v. Liberatore (In re Liberatore)
Sep
30
2013
Ruling
Insufficient evidence of addiction could not prevent denial of discharge for failure to keep records.
Issue(s)
Did debtor's prescription drug addiction provide justification for her failure to keep records so as to prevent dismissal.
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- 11 U.S.C.
Iberiabank v. Yocum (In re Yocum)
Mar
20
2013
Ruling
Discharge denied due to debtor's refusal to provide information on financial condition.
Procedural posture
Plaintiff bank moved for summary judgment on its complaint that defendant debtor was properly denied a discharge under 11 U.S.C.S. § 727. Debtor then filed a motion to voluntarily dismiss under 11 U.S.C.S. § 707.
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:
- 11 U.S.C.
Pu v. Mitsopoulos (In re Mitsopoulos)
Mar
08
2013
Ruling
Discharge denied due to failure to keep adequate records.
Procedural posture
Plaintiff creditor brought an adversary proceeding objecting to the discharge of the debtor pursuant to 11 U.S.C.S. § 727(a)(3), based on the debtor's failure to keep or preserve recorded information relating to his business, a pharmacy which closed during the year before he filed for bankruptcy.
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- 11 U.S.C.
Joekel v. Ray (In re Ray)
Aug
28
2012
Ruling
Discharge denied due to debtor's destruction of documents.
Procedural posture
Plaintiff creditors filed a complaint against defendant chapter 7 debtors objecting to their discharge pursuant to 11 U.S.C.S. § 727(a)(3).
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- 11 U.S.C.
Agin v. Stella (In re Stella)
Mar
07
2012
Ruling
Debtor could not exempt any amount of interest acquired in homestead during 1215-day period prior to petition date.
Procedural posture
Two matters were before the court: (1) the partial objection to defendant debtor's claim of homestead exemption filed by plaintiff, the chapter 7 trustee (the contested matter), and (2) the trustee's complaint against debtor seeking revocation of debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(3). The court consolidated the contested matter and the adversary proceeding, both of which involved consideration of terms of a family realty trust.
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- 11 U.S.C.
United States Trustee v. Knowling (In re Knowling)
Oct
20
2011
Ruling
Discharge denied due to failure to keep complete and accurate records.
Procedural posture
Plaintiff, the U.S. Trustee (UST), asked the court to deny defendant, a Chapter 7 debtor, a discharge per 11 U.S.C.S. § 727 based on various grounds including that debtor allegedly failed to keep or preserve records from which his financial condition could be determined within the meaning of § 727(a)(3).
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:
- 11 U.S.C.
McDermott v. Ketema (In re Ketema)
Jul
28
2011
Ruling
Discharge denied due to underreported income.
Procedural posture
Plaintiff United States Trustee (UST) filed a complaint to deny defendant debtor a discharge pursuant to 11 U.S.C.S. § 727(a)(3) on the grounds that he underreported income from his businesses and/or concealed assets.
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