- 11 U.S.C.
Kinerson, In re--McGranahan v. Kinerson
Dec
04
2017
Ruling
Debtor's discharge denied as she knowingly and fraudulently made a false oath by indicating that she had not transferred real property during the two years before filing her bankruptcy. (Bankr. E.D. Cal.)Where debtor transferred her remaining 50% interest in real property to her son more than one year before she filed her bankruptcy case, cause existed to deny debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A) because she knowingly and fraudulently made a false oath by indicating that she had not transferred any real property during the two years before filing her bankruptcy petition; [2]-Denial of debtor's discharge pursuant to § 727(a)(2)(A) was not warranted because debtor did not conceal an interest in the property from the bankruptcy trustee or a creditor during the year before her bankruptcy case was filed; [3]-Denial of debtor's discharge pursuant to § 727(a)(2)(B) was also not warranted because debtor did not conceal an interest in the property after the bankruptcy petition was filed.Kinerson, In re--McGranahan v. Kinerson, 2017 Bankr. LEXIS 4136 (Bankr. E.D. Cal. December 4, 2017) (McManus, B.J.).
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
ABI Membership is required to access the full summary of Kinerson, In re--McGranahan v. Kinerson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Virani, In re--Modi v. Virani
Jul
20
2017
Ruling
Debtor's discharge was denied after court concluded that the debtor exhibited reckless indifference to the truth after reviewing all omissions and mistatements. (Bankr. N.D. Ga.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
ABI Membership is required to access the full summary of Virani, In re--Modi v. Virani Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Wyman, In re--Premier Capital, LLC v. Wyman
Jul
20
2017
Ruling
Debtor's discharge denied for multiple mistatements and omissions under oath in his bankruptcy schedules and statement of financial affairs. (Bankr. D. Mass.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
ABI Membership is required to access the full summary of Wyman, In re--Premier Capital, LLC v. Wyman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hedlund, In re--Davis v. Hedlund
Jul
13
2017
Ruling
Chapter 7 debtor was ineligible to a discharge as he made false oaths for failure to discloseinterests he owned in several businesses and other property he owned with the intent tohinder, delay, or defraud his creditors. (Bankr. N.D. Cal.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
ABI Membership is required to access the full summary of Hedlund, In re--Davis v. Hedlund Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Page, In re--Atkinson v. Page
May
15
2017
Ruling
Debtor's discharge could not be denied for material omissions as there was no evidence offraudulent intent. (Bankr. D. Alaska)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
ABI Membership is required to access the full summary of Page, In re--Atkinson v. Page Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Ridley, In re--Layng v. Ridley
May
09
2017
Ruling
Revocation of the discharge was not granted where debtor did not act with intent to defraud in making a materially false oath. (Bankr. D. Wyo.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
ABI Membership is required to access the full summary of Ridley, In re--Layng v. Ridley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Moffenbeier, In re--United States Tr. v. Moffenbeier
Mar
09
2017
Ruling
Denial of debtor's discharge for misstatements under oath was not warranted where debtor promptly amended his inaccurate statements and provided detailed information to the chapter 7 trustee. (Bankr. D. Or.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
ABI Membership is required to access the full summary of Moffenbeier, In re--United States Tr. v. Moffenbeier Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Blais, In re--Margis v. Blais
Feb
15
2017
Ruling
Debt was excepted from discharge because creditor has failed to establish at least one of thefive elements required by § 727(a)(4)(A) for each of th eleven alleged false oaths. (Bankr. D.Mass.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
ABI Membership is required to access the full summary of Blais, In re--Margis v. Blais Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Clark, In re--Robbins v. Clark
Feb
13
2017
Ruling
Debtor's discharge denied after evidence showed that debtor intentionally made falsestatements under oath regarding his bankruptcy estate. (Bankr. D.S.C.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
ABI Membership is required to access the full summary of Clark, In re--Robbins v. Clark Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Frank v. Ward (In re Ward)
Jan
26
2017
Ruling
Discharge denied as debtor was ineligible due to false statements under oath. (Bankr. N.D.Tex.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
ABI Membership is required to access the full summary of Frank v. Ward (In re Ward) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: