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Tranche 1 (SVP-AMC) Inc. v. Relito Tan (In re Relito Tan)

Tranche 1 (SVP-AMC) Inc. v. Relito Tan (In re Relito Tan)

Ruling
Denial of discharge granted on remand after evidentiary hearing established debtor's fraud.
Procedural posture

Plaintiff bank brought an adversary proceeding against defendant chapter 7 debtor, seeking denial of the debtor's bankruptcy discharge pursuant to 11 U.S.C. § 727(a)(2), (a)(3) and (a)(4)(A). The Ninth Circuit reversed the grant of summary judgment to the bank, concluding that an evidentiary hearing was required with respect to the debtor's intent. On remand, the bankruptcy court held a hearing.

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opinion summary, case decided on October 03, 2006 , LexisNexis #1106-128