Denial Of Discharge In Bankruptcy

24 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.
• 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.
• 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.
• 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 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.
• 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 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 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.
• 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.
• 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.
• 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.
• 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 McCARTY v. The Small Bus. Admin.
  420 F.2d 943· 5th Cir.· 1970-01-12 ·cited 2×
  The court held that the bankrupt's failure to list a debt constituted a materially false statement, and the findings of the referee and district court were not clearly erroneous.
• Frank M. Chichester in the Matter of Howard Golden v. Golden
  321 F.2d 250· 9th Cir.· 1963-07-31 ·cited 2×
  The court held that a trustee cannot obtain a money judgment against a bankrupt for fraudulent transfers of dissipated assets that occurred prior to the bankruptcy filing date, as the trustee's title vests at the time of filing.
• Carlton Amos Crider v. Jordan
  255 F.2d 378· 4th Cir.· 1958-05-24 ·cited 2×
  A bankrupt's failure to keep records of substantial sums withdrawn from business assets, even if for gambling, is sufficient grounds to deny discharge.
• Kitzinger v. Geo. V. Clark Co., Inc.
  146 F.2d 717· 2d Cir.· 1945-01-19 ·cited 2×
  The court held that the financial statement was not materially false and the bankrupt was entitled to a discharge.
• In re Becker v. Seaboard Fin. Co.
  436 F.2d 778· 9th Cir.· 1970-12-24
  The court held that the bankrupt's overstatement of asset values and omission of significant liabilities on his financial statement constituted false representations, justifying the denial of his discharge in bankruptcy.
• In re Palter v. Lake Sales, Inc.
  435 F.2d 120· 9th Cir.· 1970-12-09
  A bankrupt's discharge may be denied if a creditor relied on a materially false financial statement, and the burden shifts to the bankrupt to prove no reliance once falsity and submission are established.
• Hughes Alonzo Robinson, Sr. v. Bankruptcy
  352 F.2d 305· 5th Cir.· 1965-10-29
• Ashby v. Francis
  119 F.2d 142· 8th Cir.· 1941-04-22
  The court held that the bankrupt's discharge should not be denied based on the concealment and transfer of jewelry, as she lacked fraudulent intent and acted under her husband's direction.