- 11 U.S.C.
In re McCarson
Apr
06
2007
Ruling
Discharge revoked for bad faith on motion of debtor's mother who did not receive notice and was not listed in schedules.
Procedural posture
Defendant debtor had filed for relief under chapter 7 and had received a discharge. Plaintiff, the debtor's mother, filed an action to revoke the bankruptcy discharge previously granted to the debtor, because the mother had obtained a pre-discharge judgment and a judgment lien in state court against the debtor in the amount of $28,416.
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- 11 U.S.C.
Parker v. Hudson (In re Hudson)
Mar
05
2007
Ruling
Discharge denied due to debtor's failure to comply with order for turnover of portion of income tax refund.
Procedural posture
Plaintiff chapter 7 trustee sued defendant debtor, alleging that the debtor's discharge should be revoked under 11 U.S.C. § 727(d)(2), (d)(3) and (a)(6)(A). The trustee moved for summary judgment.
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Laboratory Corp. of Am. V. Avalos (In re Avalos)
Feb
22
2007
Ruling
Reinstatement of case did not reset deadline for opposing discharge that expired prior to dismissal.
Procedural posture
Plaintiff creditor filed an adversary proceeding complaint, alleging that defendant chapter 7 debtor should be denied a discharge under 11 U.S.C. § 727(a), (d). The debtor contended that the creditor's objection was untimely filed under Fed. R. Bankr. P. 4004(a).
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- 11 U.S.C.
Morris v. Wheeler (In re Wheeler)
Feb
22
2007
Ruling
Failure of debtor to turn over portion of tax refund as required was not grounds for revocation of debtor spouse's discharge.
Procedural posture
Defendant debtors filed a petition for relief under chapter 7. Plaintiff trustee filed a complaint for turnover and revocation of the discharge to one of the debtors, pursuant to 11 U.S.C. § 727(d)(3).
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- 11 U.S.C.
Morris v. Wheeler
Feb
14
2007
Ruling
Revocation of discharge denied where debtor's failure to turnover income tax refund was due to debtor spouse's use of funds to purchase illegal drugs.
Procedural posture
Plaintiff trustee filed an adversary complaint for turnover and for revocation of the chapter 7 discharge, pursuant to 11 U.S.C. § 727(d)(3), as to defendant debtor.
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United States v. McDaniel (In re McDaniel)
Jan
23
2007
Ruling
Discharge denied due to debtor's failure to disclose partial ownership of corporation with attorney.
Procedural posture
The United States Trustee filed a complaint against chapter 7 debtors to revoke their discharge, asserting a violation of 11 U.S.C. § 727(d).
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- 11 U.S.C.
Fokkena v. Peterson (In re Peterson)
Nov
14
2006
Ruling
Discharge revoked due to numerous omissions and misrepresentations.
Procedural posture
Plaintiff United States Trustee filed a complaint to revoke defendant debtor's discharge under 11 U.S.C. § 727(d)(1) on the grounds that the chapter 7 debtor concealed or transferred estate assets with the intent to hinder, delay, or defraud the trustee and creditors and knowingly and fraudulently made a false oath in his schedules and statement of financial affairs and at the creditors'meeting.
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Gill v. Hodgen (In re Hodgen)
Sep
28
2006
Ruling
Discharge revoked where property transferred to allegedly to satisfy debt was reconveyed back to debtors after discharge.
Procedural posture
Chapter 7 debtors filed a motion to dismiss creditors'complaint, which sought to avoid a discharge of debts arising from actual fraud and willful and malicious damage to property.
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- 11 U.S.C.
Jordan v. Smith
Sep
26
2006
Ruling
Discharge properly revoked for debtor's failure to obey administrative order.
Procedural posture
The bankruptcy court revoked appellant debtor's discharge of indebtedness pursuant to 11 U.S.C. § 727(d)(3), for refusing to obey its administrative order, which expressly forbade debtor from transferring any interest in her property, even after discharge. Debtor appealed pursuant to 28 U.S.C. § 158(a).
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Rafool v. Friedrich (In re Friedrich)
Aug
31
2006
Ruling
Failure to disclose probate claim, proceeds of which were forwarded to trustee by debtor's attorney, was not grounds for revocation of discharge.
Procedural posture
Plaintiff trustee sought a revocation, pursuant to 11 U.S.C. § 727(d)(1) and (2), of defendant debtor's discharge in bankruptcy.
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