- 11 U.S.C.
Murphy v. Vanschoiack (In re Vanschoiack)
Nov
09
2006
Ruling
Discharge denied where debtor knowingly and fraudulently failed to disclose ATV and receivables in schedules.
Procedural posture
After plaintiff chapter 7 trustee filed a pro se adversary proceeding generally alleging that a discharge should be denied to defendant debtors under 11 U.S.C. § 727, she filed an amended complaint, asserting causes of action under 11 U.S.C. § 727(a)(2) and (a)(4) and specifically identifying assets allegedly concealed and undisclosed.
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- 11 U.S.C.
Moore v. Strickland (In re Strickland)
Aug
21
2006
Ruling
Discharge denied due to debtor's failure to list business in schedules.
Procedural posture
Plaintiff former husband sued defendant debtor, objecting to the dischargeability of any debt due to him as support pursuant to 11 U.S.C. § 523(a)(2)(B), (a)(4) and (a)(5) and objecting to the discharge of the debtor for failing to disclose assets on her schedules pursuant to 11 U.S.C. § 727(a)(4). The bankruptcy court held a trial on the merits.
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- 11 U.S.C.
Olsen v. Slocombe (In re Slocombe)
Jun
29
2006
Ruling
Debtor was denied discharge due to failure to disclose certain information.
Procedural posture
A suit involving defendant, a chapter 7 debtor, was filed in the district court. The district court referred the suit to the court. Plaintiff, a chapter 7 trustee, later filed a motion asking the court to deny a discharge to the debtor pursuant to 11 U.S.C. § 727(a)(4)(D), due to the debtor's failure to disclose information concerning the bankruptcy estate.
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- 11 U.S.C.
Larocco v. Smither (In re Smithers)
Mar
02
2006
Ruling
Denial of discharge due to the debtors filing false and incomplete bankruptcy schedules was affirmed.
Procedural posture
Defendant debtors appealed from a judgment of the Bankruptcy Court for the Southern District of Ohio that denied their discharge under 11 U.S.C. § 727(a)(4)(A) due to filing false and incomplete bankruptcy schedules. Plaintiff creditors filed the complaint to deny discharge.
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- 11 U.S.C.
IBA Inc. v. Hoyt (In re Hoyt)
Feb
08
2006
Ruling
Debtor was denied a discharge due to the debtor's intent to defraud by concealing interests in the debtor's daughter's bank account.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtors, asking the court to, inter alia, deny the discharge pursuant to 11 U.S.C. § 727(a)(4). The court conducted a trial.
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- 11 U.S.C.
In re Ross-Tucker
Nov
28
2005
Ruling
A surcharge against exempt property was allowed where a debtor failed to disclose and spent case settlement proceeds.
Procedural posture
A chapter 7 trustee obtained a judgment ordering the debtor to pay the trustee an amount representing proceeds of a lawsuit settlement that the debtor failed to disclose. The trustee then filed motions to hold the debtor in contempt and to surcharge the debtor's exempt property (the debtor's home) based on the debtor's failure to comply with the judgment.
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:
- 11 U.S.C.
Kirchner v. Sticht (In re Sticht)
Oct
20
2005
Ruling
Debtor builders were denied discharge since the numerous errors and omissions in their schedules amounted to a reckless disregard for the truth.
Procedural posture
Plaintiffs, several buyers or intended buyers of homes built by debtors, brought consolidated adversary proceeding seeking denial of a discharge of debtors'obligations to them pursuant to 11 U.S.C. § 727 and a determination that debtors'debts to them were not dischargeable under 11 U.S.C. § 523.
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:
- 11 U.S.C.
United States Tr. v. Halishak (In re Halishak)
Sep
29
2005
Ruling
Debtors were denied discharge since the deficiencies in their petitions were strong indicators of fraud.
Procedural posture
: The cause came before the court after a trial on separate complaints brought by plaintiff, the U.S. trustee, to deny the discharge of defendant debtor husband (Case No. 04- 3049) and wife (Case No. 04-3256). By way of separate petitions, each of the debtors had sought relief under chapter 7 of the Code.
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:
- 11 U.S.C.
Turner v. Cornelius (In re Cornelius)
Sep
12
2005
Ruling
Debtor was denied discharge where the debtor made two material false oaths.
Procedural posture
The debtor filed a chapter 7 bankruptcy petition. The United States trustee asserted that the debtor's discharge was to be denied pursuant to 11 U.S.C. §§ 727(a)(2) and 727(a)(4).
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- 11 U.S.C.
Cadle Co. v. Preston-Guenther (In re Guenther)
Aug
29
2005
Ruling
Debtors were denied discharge where they did not dispute that they had made false oaths that were material.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant Chapter 7 debtors, seeking the denial of a discharge pursuant to 11 U.S.C. § 727(a)(2), (a)(3) and (a)(4).
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