Skip to main content

§ 727(a)(4)

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.

ABI Membership is required to access the full summary of Olsen v. Slocombe (In re Slocombe) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on June 29, 2006 , LexisNexis #0806-100
LexisNexis Article
Learn More

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.

ABI Membership is required to access the full summary of Larocco v. Smither (In re Smithers) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
opinion summary, case decided on March 02, 2006 , LexisNexis #0306-097
LexisNexis Article
Learn More

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.

ABI Membership is required to access the full summary of IBA Inc. v. Hoyt (In re Hoyt) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on February 08, 2006 , LexisNexis #0306-064
LexisNexis Article
Learn More

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.

ABI Membership is required to access the full summary of In re Ross-Tucker Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on November 28, 2005 , LexisNexis #0106-029
LexisNexis Article
Learn More

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.

ABI Membership is required to access the full summary of Kirchner v. Sticht (In re Sticht) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on October 20, 2005 , LexisNexis #0106-099
LexisNexis Article
Learn More

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.

ABI Membership is required to access the full summary of United States Tr. v. Halishak (In re Halishak) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on September 29, 2005 , LexisNexis #0206-081
LexisNexis Article
Learn More

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).

ABI Membership is required to access the full summary of Turner v. Cornelius (In re Cornelius) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on September 12, 2005 , LexisNexis #0106-028
LexisNexis Article
Learn More

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).

ABI Membership is required to access the full summary of Cadle Co. v. Preston-Guenther (In re Guenther) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on August 29, 2005 , LexisNexis #0106-027
LexisNexis Article
Learn More

Cadle Co. v. Taras (In re Taras)

Aug
19
2005
Ruling
Debtor was denied discharge due to debtor's material omission from debtor's schedules of an interest as a trust beneficiary.
Procedural posture

Plaintiff creditor filed a complaint objecting to the discharge of defendant debtor pursuant to 11 U.S.C. § 727(a)(2) and (4).

ABI Membership is required to access the full summary of Cadle Co. v. Taras (In re Taras) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on August 19, 2005 , LexisNexis #0106-100
LexisNexis Article
Learn More
Subscribe to %1