- 11 U.S.C.
Cantrell v. Pulis (In re Pulis)
May
29
2013
Ruling
Mistaken omission of preference period transfer was not grounds for denial of discharge.
Procedural posture
Creditor filed a complaint against chapter 7 debtor seeking revocation of his discharge pursuant to 11 U.S.C.S. § 727(d)(1).
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Cooper v. Bullock (In re Bullock)
Apr
17
2013
Ruling
Trustee's late-filed proceeding for denial of discharge under §727(d) dismissed as Rule 4004 defense was not applicable.
Procedural posture
In plaintiff trustee's untimely amended complaint, the only remaining count was count VI, which sought to revoke defendant chapter 7 debtor's discharge pursuant to 11 U.S.C.S. § 727(d).
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In re Newton
Apr
08
2013
Ruling
Debtor lacked standing to revoke discharge that was not entered in error.
Procedural posture
A chapter 7 debtor filed a motion to reopen his case and vacate his discharge after discovering that his tax debt had not been discharged.
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Parker v. Donnelly (In re Donnelly)
Mar
29
2013
Ruling
Discharge denied due to debtor's failure to obey court order for examination.
Procedural posture
Chapter 7 trustee filed a complaint against defendant debtors to revoke their chapter 7 discharges pursuant to 11 U.S.C.S. § 727(d)(2) and (d)(3). The trustee filed an unopposed motion for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c), made applicable by Fed. R. Bankr. P. 7012(b).
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Court
:
- 11 U.S.C.
Harrington v. Webster (In re Webster)
Jan
14
2013
Ruling
Discharge denied due to debtor's false oath.
Procedural posture
The United States Trustee sought the revocation of the discharge granted to chapter 7 debtors, pursuant to 11 U.S.C.S. § 727(d)(1) and § 727(d)(2), asserting that debtors failed to disclose pre-petition personal injury-related claims arising out of personal injury accidents suffered by debtor husband.
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Court
:
- 11 U.S.C.
In re Laurent
Jan
14
2013
Ruling
Debtor's failure to disclose assets and subsequent consent to revocation of discharge established fraudulent intent.
Procedural posture
A chapter 7 trustee filed a motion for turnover following the reopening of the debtor's case.
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Court
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Cadel Co. v. Andersen (In re Andersen)
Aug
17
2012
Ruling
Bankruptcy court properly dismissed proceeding to revoke discharge that was filed after relevant deadline.
Procedural posture
Creditor challenged a decision of the United States Bankruptcy Court for the District of Massachusetts, which dismissed its complaint to revoke the chapter 7 discharge of appellee debtor pursuant to 11 U.S.C.S. § 727(d)(1) and (3).
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Judge or Jurisdiction information not available
- 11 U.S.C.
Shannon v. Walton (In re Walton)
Jun
13
2012
Ruling
Revocation of discharge proceeding dismissed as untimely filed.
Procedural posture
Creditor, an investor non-manager in a sporting goods business with debtor, the manager of the business, asserted claims pursuant to 11 U.S.C.S. § 523(a)(2) and 727(d)(1) in his amended complaint, asserting that the debtor diverted funds away from a buyout agreement with the creditor to pay down debtor's own liabilities as part of an elaborate fraud scheme.
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:
- 11 U.S.C.
Wolf v. McChesney (In re McChesney)
May
21
2012
Ruling
Discharge revoked due to debtor's reckless and cavalier disregard for truth, including severe understatement of income.
Procedural posture
Bankruptcy trustee brought an adversary proceeding against bankruptcy debtor seeking revocation of the debtor's discharge under 11 U.S.C.S. § 727(d)(1) based on the debtor's fraud.
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:
- 11 U.S.C.
In re Romaine
Mar
08
2012
Ruling
Discharge revoked due to failure to disclose postpetition sale of irrigation company.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant chapter 7 debtor, seeking an order under 11 U.S.C.S. § 727 which revoked the debtor's discharge. The case was tried to the court.
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Court
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