- 11 U.S.C.
Schmitt v. OBrien (In re OBrien)
Oct
19
2007
Ruling
Multiple nondisclosures by debtor resulted in denial of discharge.
Procedural posture
Plaintiffs, the U.S. Trustee and a bankruptcy trustee, brought an adversary proceeding against defendant bankruptcy debtor, alleging that the debtor made false oaths and accounts in failing to disclose assets and transfers which warranted a denial of the debtor's discharge under 11 U.S.C. § 727(a)(4)(A). The bankruptcy court conducted a trial.
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- 11 U.S.C.
Wieland v. Harvey (In re Harvey)
Oct
16
2007
Ruling
Debtor's failure to disclose assets and material omissions justified denial of discharge but co- debtor spouse was granted a discharge.
Procedural posture
Plaintiff United States Trustee ("UST") objected to the discharge of defendants, a debtor and his co-debtor, pursuant to 11 U.S.C. § 727(a)(4)(A).
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- 11 U.S.C.
Mercantile Peninsula Bank v. French (In re French)
Aug
27
2007
Ruling
Denial of discharge reversed and remanded due to reasonable question of fact regarding debtor's intent.
Procedural posture
Appellant debtor appealed the final judgment of the District Court for the District of Maryland affirming the decision of the bankruptcy court. By its opinion, the bankruptcy court denied the debtor's discharge petition and awarded summary judgment to a creditor.
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- 11 U.S.C.
Bakst v. Reis (In re Reis)
Jul
24
2007
Ruling
Discharge denied due to debtor's failure to disclose right of inheritance and false testimony that father was still alive.
Procedural posture
The debtors, a husband and wife, filed for relief under chapter 7. Plaintiff trustee sought to deny a discharge, pursuant to 11 U.S.C. § 727(a)(4), to defendant debtor husband because of the husband's failure to disclose on his financial statements that the husband had a potential right of inheritance. The trustee sought summary judgment.
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- 11 U.S.C.
Wildlife Farms II LLC v. Robinson (In re Robinson)
May
17
2007
Ruling
Discharge denied due to involuntary debtors'numerous omissions and misstatements of fact.
Procedural posture
Plaintiff creditors filed a complaint against defendant debtors. At the trial, plaintiffs dismissed all complaints arising under 11 U.S.C. § 523 and proceeded under the provisions of 11 U.S.C. § 727(a)(2), (3), (4) and (5). The matter was pending decision following trial.
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- 11 U.S.C.
Dunn v. Quiepo (In re Quiepo)
Mar
23
2007
Ruling
Discharge denied due to debtor's failure to list maiden name in which she took title to certain property and due to unexplained loss of assets.
Procedural posture
Chapter 7 trustee sought denial of debtor's discharge pursuant to 11 U.S.C. § 727(a)(3), (a)(4) and (a)(5).
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- 11 U.S.C.
Roberts v. Montgomery (In re Montgomery)
Feb
27
2007
Ruling
Intentional errors and omissions in schedules made with intent to deceive were grounds for denial of discharge.
Procedural posture
An adversary proceeding was before the court upon the Complaint filed by plaintiff trustee objecting to the discharge of defendant debtors. The objection to discharge was grounded on 11 U.S.C. § 727(a)(2)(A), (a)(2)(B) and (a)(4)(A).
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- 11 U.S.C.
Behnke v. Murphy (In re Murphy)
Feb
27
2007
Ruling
Errors and omissions in schedules by financially unsophisticated debtors were not grounds for denial of discharge.
Procedural posture
Creditor filed a complaint against chapter 7 debtors, seeking a denial of debtors'discharge pursuant to 11 U.S.C. § 727(a)(4)(A), alleging that debtors knowingly and fraudulently made false oaths in connection with their chapter 7 case.
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- 11 U.S.C.
United States Trustee v. Keck (In re Keck)
Dec
04
2006
Ruling
False statements and omissions by elderly debtor due to confusion and poor memory were not grounds for denial of discharge.
Procedural posture
Plaintiff U.S. Trustee brought an adversary proceeding against defendant bankruptcy debtor, seeking a denial of the debtor's discharge based on the debtor's false statements and oaths under 11 U.S.C. § 727(a)(4). The Trustee moved for summary judgment.
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- 11 U.S.C.
Neary v. Jordan (In re Jordan)
Nov
21
2006
Ruling
Court refused to deny discharge where debtor's alleged omissions were immaterial and not due to intentional concelament.
Procedural posture
The United States Trustee filed a complaint objecting to chapter 7 debtor's discharge pursuant to 11 U.S.C. § 727(a)(3), (a)(4)(A) and (a)(4)(D).
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