- 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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In re Jymison
Mar
05
2012
Ruling
Debtors could not seek revocation of own discharge in order to seek conversion to chapter 13.
Procedural posture
Before the Court was debtor's Emergency Motion to Vacate Discharge. Literally, debtor sought an order vacating her discharge until the court ruled on her motion to convert to chapter 13.
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Court
:
- 11 U.S.C.
Debaillon v . Wilkerson (In re Wilkerson)
Feb
14
2012
Ruling
Discharge revoked due to failure to disclose cash held in safe deposit box in chapter 7 or prior chapter 11 cases.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against chapter 7 debtor, seeking an order revoking the debtor's discharge pursuant to 11 U.S.C.S. § 727(d)(1). The case was tried to the court.
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Court
:
- 11 U.S.C.
In re Clark
Nov
16
2011
Ruling
Discharge revoked due to failure to list several properties.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant debtor to revoke the debtor's discharge under 11 U.S.C.S. § 727(d)(1). The trustee filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
McVay v. Henderson (In re Henderson)
Oct
19
2011
Ruling
Nondisclosure of cash due to prescription medicine induced memory problem was not grounds for revocation of discharge.
Procedural posture
United States Trustee (UST) filed a complaint for revocation of the discharge of defendant debtor under 11 U.S.C.S. § 727(d)(1). The UST alleged that the debtor had failed to disclose $5,000 that she had stashed in her night stand. The court held a trial.
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Court
:
- 11 U.S.C.
Sun Sec. Bank v. Rohe (In re Rohe)
Oct
18
2011
Ruling
Failure to disclose ownership of guns or transfer more than one year prior to petition date was not grounds for revocation of discharge.
Procedural posture
Creditor filed a complaint against chapter 7 debtors seeking a revocation of their discharge pursuant to 11 U.S.C.S. § 727(d)(1).
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Court
:
Rennaker v. Pigg (In re Pigg)
Aug
29
2011
Ruling
Debtor's former spouse's motion for revocation of discharge denied as time-barred.
Procedural posture
Plaintiff, a Chapter 7 debtor's ex-wife, filed an adversary proceeding against defendant debtor, her ex-husband, seeking an order holding the debtor in contempt for violating an order entered by a state court and the bankruptcy court, and asked the court to revoke the debtor's discharge pursuant to 11 U.S.C.S. § 727(d)(1) and (2). The debtor filed a motion to dismiss his ex-wife's complaint.
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Court
:
Rodriguez v. Tompkins (In re Tompkins)
Aug
17
2011
Ruling
Discharge properly revoked due to debtor's failure to turn over estate funds.
Procedural posture
Plaintiff trustee moved for summary judgment on his claim that defendant debtor's discharge was properly revoked pursuant to 11 U.S.C.S. § 727(d)(2) and (d)(3) on grounds including debtor's failure to turn over funds belonging to the estate in compliance with 11 U.S.C.S. § 542.
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:
DeAngelis v. Shiloh (In re Shiloh)
Jul
26
2011
Ruling
Postdischarge conviction for drug dealing during period when debtor had claimed to have no income was not grounds for revocation of discharge.
Procedural posture
United States Trustee ("UST") filed an adversary proceeding against chapter 7 debtor, seeking an order under 11 U.S.C.S. § 727(d) which revoked a discharge the debtor received under 11 U.S.C.S. § 727(a). The case was tried to the court.
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Court
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10 West Chase LLC v. Shepard (In re Shepard)
Mar
16
2011
Ruling
Revocation of discharge denied where creditor had knowledge of grounds but failed to object to discharge.
Procedural posture
Debtors filed a motion to dismiss plaintiff's adversary proceeding, which sought, inter alia, to revoke the debtor's discharge under 11 U.S.C.S. § 727(d) and pursuant to Fed. R. Civ. P. 60.
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Court
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