Denial Of Discharge

71 Florida cases classified under this topic · sorted by citation count · browse and sort

• In re Seymour Chalik v. Moorefield
  748 F.2d 616· 11th Cir.· 1984-12-12 ·cited 57×
  A debtor's knowing and fraudulent omission of material information, even if concerning worthless assets, bars discharge in bankruptcy. A debtor must also satisfactorily explain the dissipation of assets prior to filing for bankruptcy.
• In re Kaiser v. Kaiser
  722 F.2d 1574· 2d Cir.· 1983-11-18 ·cited 52×
  The court held that the bankruptcy judge had jurisdiction to deny a discharge and impress a constructive trust, and that the Emergency Bankruptcy Rule I was constitutional.
• Matter of Willis C. Pioch
  235 F.2d 903· 3d Cir.· 1956-08-09 ·cited 44×
  The court held that the mere transfer of an asset, even for less than market value, does not, without more, establish actual fraudulent intent to hinder, delay, or defraud creditors, and thus does not bar a bankrupt's discharge.
• Farmers Co-Operative Ass'n OF Talmage v. Strunk
  671 F.2d 391· 10th Cir.· 1982-02-18 ·cited 25×
  The court held that the debtor's failure to disclose his bank account balance constituted a knowing and fraudulent concealment of assets and a false oath, warranting denial of discharge.
• Norwest Bank Neb., N.A. v. Tveten
  848 F.2d 871· 8th Cir.· 1988-06-02 ·cited 23×
  The court held that a debtor's conversion of non-exempt property into exempt property, even with the intent to place it beyond creditors' reach, is not fraudulent per se and does not bar discharge in bankruptcy.
• Wolfe v. Tri-State Ins. Co.
  407 F.2d 16· 10th Cir.· 1969-02-14 ·cited 20×
  The court held that bankrupts should be granted a discharge because creditors failed to prove the bankrupts knowingly made a materially false financial statement or that the creditors relied on it, and the unreasonable delay in proceedings prejudiced the bankrupts.
• In re Knight v. Knight
  833 F.2d 1515· 11th Cir.· 1987-07-08 ·cited 19×
  The court held that the district court correctly reversed the bankruptcy court's order setting aside the default judgment.
• In re Cadarette v. Cadarette
  601 F.2d 648· 2d Cir.· 1979-06-18 ·cited 17×
  The court held that the bankrupt's transfer of property and false statements in his bankruptcy petition, made with intent to hinder, delay, or defraud creditors, warranted denial of discharge.
• Cunningham v. Elco Distribs., Inc.
  189 F.2d 87· 6th Cir.· 1951-04-05 ·cited 15×
  A bankrupt's discharge will not be denied for obtaining credit by a false financial statement if the creditor did not rely on that statement, and grounds not specified in the objection cannot be considered.
• In re Robinson
  506 F.2d 1184· 2d Cir.· 1974-11-08 ·cited 14×
  The court held that objections to a bankruptcy discharge were timely filed despite late payment of filing fees, and that the bankrupt's false testimony regarding accounts receivable was material and grounds for denying discharge.
• Morris Plan Indus. Bank of N.Y. v. Schorn
  135 F.2d 538· 2d Cir.· 1943-04-23 ·cited 14×
  A bankrupt must explain the loss of assets over which they exercised dominion, even if those assets were stolen from a third party.
• In re Martin v. Martin
  698 F.2d 883· 7th Cir.· 1983-01-28 ·cited 12×
  A debtor's discharge must be denied if they fail to satisfactorily explain a loss or deficiency of assets, or if they have concealed assets, and the bankruptcy court incorrectly applied the burden of proof regarding the debtor's obligation to explain suspicious transactions.
• Gunzburg v. Ingard Johannesen in Bankruptcy
  300 F.2d 40· 5th Cir.· 1962-03-01 ·cited 12×
  The court held that the bankrupt's discharge was properly denied due to insufficient records and unexplained asset losses.
• Rogers v. George Gardner in Bankruptcy of the Estate of Howard E. Rogers
  226 F.2d 864· 9th Cir.· 1955-10-28 ·cited 12×
  A bankrupt's discharge may be denied if they submit a materially false financial statement to a credit reporting agency, even if the creditor extending credit did not directly know of the statement, as long as the agency's published rating, influenced by the false statement, was
• In re Gardner v. Am. Century Mortg. Invs. & Morgen-Osgood & Assocs.
  577 F.2d 928· 5th Cir.· 1978-08-01 ·cited 11×
  The court held that the bankruptcy judge's denial of a discharge was not erroneous because the bankrupt obtained credit through materially false written statements respecting his financial condition.
• In re Davis v. Roe J. Davis
  911 F.2d 560· 11th Cir.· 1990-09-07 ·cited 10×
  A debtor's discharge may be denied under 11 U.S.C. § 727(a)(2)(A) if property was transferred with intent to hinder, delay, or defraud creditors, even if the property was recovered before filing bankruptcy or if the transfer did not diminish assets available to creditors.
• In re Butler
  425 F.2d 47· 3d Cir.· 1970-04-17 ·cited 10×
  A bankrupt who, as treasurer, acted with reckless indifference to the falsity of corporate financial statements used to obtain credit can be denied discharge, even if not a director or controlling shareholder.
• In re Baum v. Earl Millikin, Inc.
  359 F.2d 811· 7th Cir.· 1966-04-26 ·cited 10×
  The court held that the bankrupt's explanation for a significant loss of assets between a personal financial statement and his bankruptcy filing was insufficient to warrant a discharge.
• Yates v. Boteler
  163 F.2d 953· 9th Cir.· 1947-10-20 ·cited 10×
  A bankrupt's discharge can be denied if they make a materially false written statement respecting their financial condition, even if the statement is made to a mercantile agency for general use and not directly to a specific creditor.
• Cohen v. Bucci
  905 F.2d 1111· 7th Cir.· 1990-06-28 ·cited 9×
  A debtor's finding of fraudulent transfer in an avoidance proceeding has preclusive effect in a subsequent discharge denial proceeding, even if the debtor lacked incentive to litigate the initial action.
• In re Santos v. Gen. Fin. Loan Co.
  211 F.2d 887· 7th Cir.· 1954-04-01 ·cited 8×
  The court held that a bankrupt's illiteracy does not prevent denial of discharge if the false financial statement was signed with reckless indifference to its truth, and the loan company relied on it.
• Aronofsky v. Bostian
  133 F.2d 290· 8th Cir.· 1943-02-08 ·cited 8×
  The court held that the bankrupt's false statement in his bankruptcy petition, denying prior filings, was knowingly and fraudulently made, justifying denial of discharge.
• In re Olivier v. Olivier
  819 F.2d 550· 5th Cir.· 1987-06-18 ·cited 6×
  The court affirmed the denial of discharge, holding that the transfer of property with retained beneficial interest constituted continuing concealment with intent to hinder, delay, or defraud creditors, even if the transfer occurred more than a year before bankruptcy.
• In re Avner Kauffman v. Avner Kauffman
  675 F.2d 127· 7th Cir.· 1981-04-03 ·cited 6×
  The court held that the bankrupt's transfer of his house to his wife constituted a continuing concealment and that there was sufficient evidence of fraudulent intent and non-compliance with a court order to deny discharge of his debts.
• In re Martin
  554 F.2d 55· 2d Cir.· 1977-05-03 ·cited 6×
  The court held that denial of discharge solely for lost financial records is error if the loss occurred without the bankrupt's fault, and that corporate ledgers may suffice if personal transactions are ascertainable.
• In re Tenn v. First Hawaiian Bank
  549 F.2d 1356· 9th Cir.· 1977-03-15 ·cited 6×
  The court held that recording a deed known to be false to obtain credit constitutes a false statement of financial condition under 11 U.S.C. § 32(c)(3), justifying denial of discharge.
• In re Athen Carlton Garland
  428 F.2d 1185· 1st Cir.· 1970-07-08 ·cited 6×
  The court held that the Bankruptcy Act's requirement for payment of filing fees, even for indigent bankrupts, does not violate due process or equal protection, as the discharge is a privilege with reasonable conditions attached.
• Noroian v. Hern
  422 F.2d 1092· 9th Cir.· 1970-03-13 ·cited 6×
  The court held that the bankrupt's failure to keep adequate financial records, without justification, warranted denial of discharge.
• In re Steiker
  380 F.2d 765· 3d Cir.· 1967-07-12 ·cited 6×
  The court held that a bankrupt's false oath regarding employment, which prevented creditors from garnishing wages, was a material misrepresentation justifying denial of discharge. The failure to list a significant corporate debt was also tied to this fraudulent intent.
• Moffett v. The Union Bank
  378 F.2d 10· 9th Cir.· 1967-05-04 ·cited 6×
  The court held that the bankrupt's failure to keep adequate financial records was not justified under the circumstances, warranting denial of discharge.
• Scott v. Smith
  232 F.2d 188· 9th Cir.· 1956-03-21 ·cited 6×
  The court held that a statement regarding the existence of a deed of trust securing a note, while false, does not constitute a statement respecting the bankrupt's financial condition for the purpose of denying a discharge under § 14(c)(3) of the Bankruptcy Act.
• In re Berberich v. N. Ill. Corp.
  190 F.2d 53· 7th Cir.· 1951-06-13 ·cited 6×
  The court held that the bankrupt failed to prove the loan companies relied on his false financial statements, thus upholding the denial of discharge.
• In re Butler
  407 F.2d 1059· 3d Cir.· 1969-02-27 ·cited 5×
  The court held that the discharge denial must be vacated and remanded because the referee failed to make a required finding on whether the bankrupt knew the financial statements were false or was recklessly indifferent to their falsity.
• Harris v. Warshawsky
  184 F.2d 660· 2d Cir.· 1950-10-23 ·cited 5×
  A prior denial of discharge in bankruptcy, even if in a different district, is res judicata and prevents a later discharge from covering that debt, and a court can correct a discharge order to reflect this.
• Stuhley v. Hyatt
  667 F.2d 807· 9th Cir.· 1982-02-08 ·cited 4×
  A bankrupt's prior criminal acts in other bankruptcy proceedings do not justify denying discharge of all debts in the current proceeding unless the bankrupt had substantial identity with the prior bankrupt.
• In re Salvadore Henry Bartolotta v. Lutz
  485 F.2d 227· 5th Cir.· 1973-10-01 ·cited 4×
  The court held that a bankrupt's discharge cannot be denied for failure to keep records without first inquiring into the complexity of the business and whether record-keeping was justified under the circumstances.
• In re Monroe v. Cussen
  454 F.2d 1151· 9th Cir.· 1972-02-03 ·cited 4×
  The court held that the referee's finding that the bankrupt's failure to appear was without sufficient excuse was not clearly erroneous, and thus affirmed the denial of discharge.
• United States v. Guglielmini
  425 F.2d 439· 2d Cir.· 1970-04-27 ·cited 4×
  The court held that the statute of limitations for concealing bankrupt assets is tolled until a discharge is granted or denied, and a waiver of discharge is equivalent to a denial for tolling purposes. It also held that a co-defendant's grand jury testimony could be used for impe
• Ebb Swint v. Robins Fed. Credit Union & Fred H. Hodges
  415 F.2d 179· 5th Cir.· 1969-08-15 ·cited 4×
  The court held that a creditor's denial of discharge based on a materially false statement in writing is improper if the creditor knew the statement was inaccurate and did not rely on it.
• Pugh v. Adco, Inc.
  329 F.2d 362· 5th Cir.· 1964-03-19 ·cited 4×
  A bankrupt's personal discharge can be denied if his offenses, even if committed in a corporate capacity, bear a reasonable relationship to the rights of creditors in his personal bankruptcy proceeding.
• Avallone v. Gross
  309 F.2d 60· 2d Cir.· 1962-10-30 ·cited 4×
  The court held that the bankrupt's omissions and misstatements in his bankruptcy filings, while false, were not made with the requisite intent to defraud, and therefore did not warrant denial of discharge.
• In re Ginsberg
  219 F.2d 472· 3d Cir.· 1955-03-01 ·cited 4×
  The court held that individual debts of partners do not need to be disclosed on partnership financial statements, and failure to do so does not render the statements materially false for bankruptcy discharge purposes.
• Winslow v. United States
  216 F.2d 912· 9th Cir.· 1954-11-12 ·cited 4×
  The court held that the 1948 revision of 18 U.S.C. § 3284, which includes 'or denial of discharge' as an event starting the statute of limitations for concealment of bankrupt assets, applies and prevents the prosecution from being barred.
• I. & I. Holding Corp. v. Greenberg
  151 F.2d 570· 2d Cir.· 1945-11-05 ·cited 4×
  Denial of a discharge in bankruptcy precludes a bankrupt from obtaining confirmation of a plan of arrangement in the same proceeding.
• Kaganowitz v. Mfrs. Tr. Co.
  145 F.2d 754· 2d Cir.· 1944-12-04 ·cited 4×
  The court held that concealing a debtor's right to future earnings, which are subject to garnishment or installment payment orders under New York law, constitutes concealment of 'property' within the meaning of the Bankruptcy Act, thus providing grounds to deny a discharge.
• In re August Perez, III v. August Perez, III
  954 F.2d 1026· 5th Cir.· 1992-02-14 ·cited 3×
  The court affirmed the denial of discharge because the debtor transferred property with the intent to hinder, delay, or defraud creditors, as evidenced by the distribution of tax refunds.
• Lort v. Ferguson Enters.
  347 B.R. 909· M.D. Fla.· 2006-07-27 ·cited 2×
  The court held that a corporation's property is not the property of its sole shareholder for the purpose of denying discharge under 11 U.S.C. § 727(a)(2)(A) unless the corporate veil is pierced.
• Patrick A. Casey, P.A. v. Hochman
  963 F.2d 1347· 10th Cir.· 1992-05-08 ·cited 2×
  The court held that the Tamponator device, patent, and license income acquired by the debtors after the commencement of their Chapter 11 case, but before conversion to Chapter 7, were property of the debtors, not the bankruptcy estate, as they were not acquired as of the commence
• In re Olson v. Olson
  916 F.2d 481· 8th Cir.· 1990-10-17 ·cited 2×
  A debtor's failure to disclose an interest in a business, even if its value is disputed, constitutes a material omission barring discharge if the interest is related to the debtor's financial situation and estate.
• In re C.A. Thurman v. C.A. Thurman
  901 F.2d 839· 10th Cir.· 1990-04-16 ·cited 2×
  The court held that the transfer of corporate assets, even if it diminished the value of pledged stock, did not constitute a transfer of the debtor's own property for purposes of denying a general discharge under 11 U.S.C. § 727(a)(2)(A). It also held that the debtor's actions di