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§ 727(d)

In re Romaine

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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Consumer opinion summary, case decided on March 08, 2012 , LexisNexis #0412-059

In re Jymison

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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Consumer opinion summary, case decided on March 05, 2012 , LexisNexis #0312-132

Debaillon v . Wilkerson (In re Wilkerson)

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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Consumer opinion summary, case decided on February 14, 2012 , LexisNexis #0312-096

In re Clark

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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Consumer opinion summary, case decided on November 16, 2011 , LexisNexis #0112-027

McVay v. Henderson (In re Henderson)

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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Consumer opinion summary, case decided on October 19, 2011 , LexisNexis #1111-062

Sun Sec. Bank v. Rohe (In re Rohe)

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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Consumer opinion summary, case decided on October 18, 2011 , LexisNexis #1111-063

Rennaker v. Pigg (In re Pigg)

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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Consumer opinion summary, case decided on August 29, 2011 , LexisNexis #1011-035

Rodriguez v. Tompkins (In re Tompkins)

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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Consumer opinion summary, case decided on August 17, 2011 , LexisNexis #0911-058

DeAngelis v. Shiloh (In re Shiloh)

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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Consumer opinion summary, case decided on July 26, 2011 , LexisNexis #0911-095

10 West Chase LLC v. Shepard (In re Shepard)

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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Consumer opinion summary, case decided on March 16, 2011 , LexisNexis #0511-022