- 11 U.S.C.
McDow v. Carbaugh (In re Carbaugh)
Jun
29
2011
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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- 11 U.S.C.
United States Trustee v. Howell (In re Howell)
Apr
26
2011
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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- 11 U.S.C.
Haver v. Jahanian (In re Jahanian)
Feb
22
2011
Ruling
Motion for denial of discharge denied where debtor's attorney's addition of postpetition creditor to schedules did not render debtor's omission from original schedules willful.
Procedural posture
Creditors filed an action against chapter 7 debtor. In Count III of the complaint, they sought denial of discharge under 11 U.S.C.S. § 727(a)(4) based on false oaths or accounts. Plaintiffs argued that in his original chapter 13 filings, defendant had intentionally omitted them as creditors. Defendant filed a motion for summary judgment on Count III.
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- 11 U.S.C.
Pugsley v. Jalajel (In re Jalajel)
Oct
08
2010
Ruling
Discharge denied due to debtor's failure to schedule jewelry, undervaluing of other jewelry and unauthorized postpetition sale of estate property.
Procedural posture
Plaintiff trustee filed a complaint seeking to deny the debtor a discharge under 11 U.S.C.S. § 727(a) based on the debtor's failure to schedule jewelry, his undervaluing of jewelry he did schedule, and his selling of jewelry that was property of the estate after the filing of the petition and without court authorization.
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- 11 U.S.C.
Neary v. Cline (In re Cline)
Oct
06
2010
Ruling
Discharge denied due to debtor's failure to disclose sale of real property and mineral leases.
Procedural posture
Plaintiff United States Trustee (UST) filed a complaint against defendant Chapter 7 debtor objecting to his discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A).
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- 11 U.S.C.
Fitzgerald v. Gorman (In re Gorman)
Sep
15
2010
Ruling
Discharge denied due to debtor's nondisclosure of interests in several business entities.
Procedural posture
United States Trustee (UST) filed a complaint against defendant chapter 7 debtor objecting to his discharge pursuant to 11 U.S.C.S. § 727(a)(2)(B) and (a)(4)(A).
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- 11 U.S.C.
United States Trustee v. Loussedes (In re Loussedes)
Sep
09
2010
Ruling
Discharge denied due to debtors' failure to report payment made to creditor and omission of rental property.
Procedural posture
After a random audit of the Chapter 7 case filed by debtors, a married couple, revealed asset dispositions and other transactions that the U.S. Trustee (UST) deemed material, the UST filed a complaint to deny a discharge to debtors based on 11 U.S.C.S. § 727(a)(4)(A). At issue was whether they failed to provide complete, truthful, and reliable information and did so to a degree that was sufficient to support a finding that they did so willfully.
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- 11 U.S.C.
Bank of Bennington v. Thomas (In re Thomas)
Jun
22
2010
Ruling
Bankruptcy court properly denied debtor's discharge and granted debtor spouse's discharge.
Procedural posture
The U.S. Bankruptcy Court for the District of Nebraska sustained plaintiff bank's objection to defendant debtor husband's discharge and overruled its objection to debtor wife's discharge. It also determined that debtor husband's debts to the bank were dischargeable. Everyone appealed.
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Andrews
May
06
2010
Ruling
Discharge denied due to debtors' knowingly and fruadulently made false oaths.
Procedural posture
Creditors filed an adversary proceeding against chapter 7 debtors, seeking an order denying the debtors' discharge under 11 U.S.C.S. § 727(a)(2)(A) and (a)(4)(A). The court issued an order denying the debtors' discharge but subsequently decided that it made finding of fact that were not supported by the evidence, and it tried the case de novo.
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- 11 U.S.C.
Khan v. Chen (In re Chen)
Nov
03
2009
Ruling
Failure to disclose property transfer that was not material and not made with intent to defraud was not grounds for denial of discharge.
Procedural posture
Defendant debtor filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code. Plaintiff judgment creditor filed an adversary proceeding objecting to the debtor's discharge. The creditor alleged that the debtor violated 11 U.S.C.S. § 727(a)(4)(A) by knowingly and fraudulently making a false statement on her filed schedules and statement of financial affairs and in her testimony at a meeting of creditors.
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