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§ 727(a)(4)

Stevenson v. Taylor (In re Taylor)

Ruling
Bankruptcy court properly denied discharge due to debtor's cavalier attitude to disclosure requirements.
Procedural posture

Trustee filed a complaint in the U.S. Bankruptcy Court for the Eastern District of Michigan, seeking to deny defendant chapter 7 debtor a discharge under 11 U.S.C.S. § 727(a)(4) based on alleged nondisclosures. The bankruptcy court entered an order denying discharge. The debtor appealed.

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Consumer opinion summary, case decided on October 26, 2011 , LexisNexis #1111-060

Pearl Musical Instrument Co. v. Gavigan (In re Gavigan)

Ruling
Discharge denied due to false statements and omissions made with fraudulent intent.
Procedural posture

Creditor sought summary judgment to deny chapter 7 debtor's discharge based on violations of 11 U.S.C.S. § 727.

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Consumer opinion summary, case decided on October 14, 2011 , LexisNexis #1211-129

Keeton v. Sohal (In re Sohal)

Ruling
Discharge denied due to omissions and misstatements in schedules.
Procedural posture

Plaintiff judgment creditor brought an adversary action against defendant debtors, husband and wife, asking that the debtors' discharges be denied under 11 U.S.C.S. § 727(a)(4)(A).

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Consumer opinion summary, case decided on September 23, 2011 , LexisNexis #1111-127

Estate of Bishop v. Mulholland (In re Mulholland)

Ruling
Debtor vending machine business operator denied discharge due to false statements and omissions from schedules.
Procedural posture

Creditors filed a complaint against chapter 7 debtors objecting to discharge under 11 U.S.C.S. § 727(a)(4)(A).

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Consumer opinion summary, case decided on September 16, 2011 , LexisNexis #1011-127

Lussier v. Sullivan (In re Sullivan)

Ruling
Discharge properly denied due to omission and undervaluation of assets.
Procedural posture

Appellant debtor sought review of an order from the United States Bankruptcy Court for the District of Massachusetts denying his discharge under 11 U.S.C.S. § 727(a)(4)(A).

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 08, 2011 , LexisNexis #1011-022

Davis v. Weddington (In re Weddington)

Ruling
Discharge denied due to material omission of new job and income.
Procedural posture

Plaintiff Chapter 7 trustee filed a complaint objecting to defendant Chapter 7 debtor's discharge pursuant to various provisions of 11 U.S.C.S. § 727(a). He also sought to expand the debtor's Chapter 7 estate pursuant to 11 U.S.C.S. § 348(f)(2), he objected to the debtor's exemption of his hunting equipment as a tool of the trade under Kan. Stat. Ann. § 60-2304(e). The trustee moved for partial summary judgment on his false oath claim.

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Consumer opinion summary, case decided on September 07, 2011 , LexisNexis #1011-097

Jacobs v. Pitts (In re Pitts)

Ruling
Discharge denied due to numerous false statements.
Procedural posture

Plaintiff bankruptcy administrator filed a complaint seeking a judgment denying defendant Chapter 7 debtor a discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A) on the grounds that the debtor knowingly and fraudulently, in or in connection with his bankruptcy case, made a false oath or account.

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Consumer opinion summary, case decided on September 01, 2011 , LexisNexis #1011-023

Credit Union Liquidity Servs. LLC v. Sherman (In re Sherman)

Ruling
Discharge denied due to false statements under oath and omission of assets from schedules and statements.
Procedural posture

Plaintiff creditor brought an adversary complaint objecting to the grant of a discharge to defendant debtor, asserting, among other grounds, that debtor made several false statements under oath and omitted assets from his schedules and statement of affairs, in violation of 11 U.S.C.S. § 727(a)(4)(A).

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Consumer opinion summary, case decided on July 12, 2011 , LexisNexis #0811-060

McDow v. Carbaugh (In re Carbaugh)

Ruling
Discharge denied due to debtor farmer's failure to disclose accounts, equipment or hay.
Procedural posture

In this chapter 7 case, the United States Trustee (UST) filed an Objection to Discharge, asserting that the debtor should be denied discharge under 11 U.S.C.S. § 727(a)(2) or § 727(a)(4).

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Consumer opinion summary, case decided on June 29, 2011 , LexisNexis #0911-094

United States Trustee v. Howell (In re Howell)

Ruling
Discharge denied due to debtor's false oath and accounts.
Procedural posture

United States Trustee brought an adversary proceeding against debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(4)(A) based on the debtor's false oaths and accounts in connection with his bankruptcy case.

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Consumer opinion summary, case decided on April 26, 2011 , LexisNexis #0511-094