- 11 U.S.C.
Landis v. Bell (In re Bell)
Oct
25
2010
Ruling
Discharge revoked due to misrepresentations and omissions intended to defraud creditor and trustee.
Procedural posture
Plaintiff Acting United States Trustee (UST) filed an adversary proceeding against defendant chapter 7 debtor, seeking an order under 11 U.S.C.S. § 727(d)(1) which revoked a prior order the court entered which granted the debtor a general discharge. The case was tried to the court.
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Court
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Gargula v. Lombard (In re Lombard)
Sep
07
2010
Ruling
Discharge revoked due to debtor's fraudulent transfer of assets to brother who returned assets after discharge.
Procedural posture
In a Chapter 7 bankruptcy case, the trustee sought a revocation of discharge under 11 U.S.C.S. § 727(d)(1) and (2) based on debtor's fraudulent conduct.
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Court
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McCarthy v. Nandallal (In re Nandallal)
May
03
2010
Ruling
Discharge revoked due to debtor's failure to report receipt of or surrender of post petition note payments.
Procedural posture
Chapter 7 trustee brought this adversary proceeding against defendant debtor to revoke his discharge pursuant to 11 U.S.C.S. §§ 727(d)(1) and (d)(2).
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Court
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Barnes v. Vision Bank (In re Barnes)
Mar
24
2010
Ruling
Allegations of prepetition fraud concerning property only acquired after petition date could not be grounds for revocation of discharge.
Procedural posture
Debtor which had been granted a discharge, brought an adversary complaint seeking to avoid a judicial lien pursuant to 11 U.S.C.S. §§ 522(h) and 547(b). Defendant creditor filed an answer and counterclaim seeking to revoke the debtor's chapter 7 discharge pursuant to 11 U.S.C.S. § 727(d). The debtor moved to dismiss the counterclaim pursuant to Fed. R. Civ. P. 12(b)(6).
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Court
:
- 11 U.S.C.
Reed v. Cooper (In re Cooper)
Mar
10
2010
Ruling
Discharge revoked due to debtor's failure to turn over proceeds of sale of real property.
Procedural posture
Chapter 7 trustee and a creditor filed an adversary proceeding seeking the revocation of the debtor's discharge granted in 1999, and seeking turnover of the proceeds of sales of real property of the estate, as well as damages, as a result of the debtor's alleged postdischarge fraud, pursuant to 11 U.S.C.S. § 727(d)(2) and (3).
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Court
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In re Owens
Feb
25
2010
Ruling
Court refused to set aside discharge to allow debtor to extend time to enter reaffirmation agreement.
Procedural posture
The debtors filed a motion to set aside a discharge order and to extend the time to file a reaffirmation agreement pursuant to 11 U.S.C.S. § 524(c)(1).
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Court
:
- 11 U.S.C.
Warner v. Reiter (In re Reiter)
Dec
10
2009
Ruling
Failure to disclose award against creditor that had been reversed at time of filing was not grounds for denial of discharge.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking revocation of the debtor's discharge pursuant to 11 U.S.C.S. § 727(d)(1) based on the debtor's fraud in failing to disclose the debtor's claim against the creditor as an asset. The debtor moved to dismiss the creditor's complaint.
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Court
:
Houghton v. Marcella (In re Marcella)
Oct
15
2009
Ruling
Discharged debtor ordered to turn over previously unreported estate property, but could retain discharge.
Procedural posture
Plaintiff chapter 7 trustee filed a complaint against defendant debtors asking that the court order the debtors to turn over property of their bankruptcy estate and to revoke the debtors' discharge under 11 U.S.C.S. § 727(d).
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Court
:
Forker v. Craney (In re Craney)
Jun
15
2009
Ruling
Discharge revoked due to debtor's failure to turn over monthly annuity payments to trustee.
Procedural posture
In a core proceeding under 28 U.S.C.S. § 157(b)(2)(J), plaintiff trustee sought revocation of each of defendant debtors' discharge under 11 U.S.C.S. § 727(d)(2).
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Court
:
ONeal v. DePriest (In re DePriest)
Mar
26
2009
Ruling
Discharge revoked due to fraudulent nondisclosure of interest in LLC.
Procedural posture
A chapter 7 bankruptcy trustee and the United States Trustee (UST), brought adversary proceedings against debtor alleging that the debtor failed to disclose his interest in a limited liability company (LLC). The UST sought revocation of the debtor's discharge under 11 U.S.C.S. § 727(d), the trustee sought a judgment for the amount in the LLC's account on the date of the debtor's petition.
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Court
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