Denial Of Discharge

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

• 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  A bankrupt's failure to keep records of substantial sums withdrawn from business assets, even if for gambling, is sufficient grounds to deny discharge.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.
• Cohn v. Arkin
  132 F.2d 724· 2d Cir.· 1943-01-05 ·cited 2×
  The court held that the bankrupt's failure to disclose significant debts and judgments on a loan application constituted a materially false statement, justifying the denial of his discharge.
• In re Teperman. Teperman v. Ruthmay Realty Co., Inc.
  123 F.2d 732· 2d Cir.· 1941-12-01 ·cited 2×
  The court held that the bankrupt's failure to make deposits ordered by the district court did not constitute a refusal to obey a lawful order, as the district court lacked jurisdiction to issue such an order.
• Lehman v. Lucom
  78 So. 3d 592· Fla. 4th DCA· 2011-10-26 ·cited 1×
  Richard Lehman, appointed as ancillary personal representative of a Florida estate worth $665,241.25, appeals the trial court's judgment finding he misappropriated estate funds by commingling them with his law firm account and using them for improper purposes, thereby breaching h
• In re Denis Edward Bowyer v. Denis Edward Bowyer
  932 F.2d 1100· 5th Cir.· 1991-05-23 ·cited 1×
  The court held that the bankruptcy court's findings, when given proper deference, support the conclusion that the debtor did not intend to defraud creditors by converting non-exempt assets to exempt property before filing bankruptcy.
• Bernstein v. Zeiss
  78 B.R. 619· S.D. Fla.· 1987-08-13 ·cited 1×
  The court held that a debtor's discharge should not be denied under 11 U.S.C. § 727(a)(5) based solely on a credible explanation of asset loss if the conduct revealed is not otherwise prohibited by Section 727.
• Bishara v. O'Callaghan (In Re O'Callaghan)
  304 B.R. 500· M.D. Fla.· 2003-03-06
  The court held that the claimant failed to prove claims for fraud in the inducement and tortious interference, and therefore, the claim should be disallowed and the dischargeability action dismissed.
• Weingarten v. Campagna (In re Weingarten)
  1995 U.S. Dist. LEXIS 2462· M.D. Fla.· 1995-02-28
  The Court held that the Bankruptcy Court did not err in granting default judgment and denying discharge because the debtor failed to provide a timely and sufficient answer and did not demonstrate excusable neglect or a meritorious defense.
• In re Gioioso v. Gioioso
  979 F.2d 956· 3d Cir.· 1992-11-16
  The court held that the bankruptcy court abused its discretion by failing to articulate its reasons for not invoking its inherent sanctioning powers when sanctions were potentially warranted.
• In re Spiro Pavlovich v. Spiro Pavlovich
  952 F.2d 114· 5th Cir.· 1992-01-30
  A creditor bound by a confirmed Chapter 11 plan cannot later object to a converted Chapter 7 debtor's discharge or dischargeability based on pre-confirmation acts or debts.
• In re David & Hannah Armstrong v. David and Hannah Armstrong
  931 F.2d 1233· 8th Cir.· 1991-04-24
  The court held that the debtors' conversion of nonexempt property to exempt annuities was permissible, but their overall transactions, including pledging unencumbered property to secure a corporate loan while insolvent, constituted fraud warranting denial of discharge.
• In re Schwarting v. Schwarting
  671 F.2d 1192· 8th Cir.· 1982-03-05
  The court affirmed the district court's decision, upholding the bankruptcy court's denial of discharge and nondischargeability of the debt due to false financial statements and the debtor's waiver of notice rights by filing for bankruptcy.
• 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.
• In re Pascal v. Palos State Bank
  401 F.2d 63· 7th Cir.· 1968-08-21
  A bankrupt who is an executive of a corporation and obtains money on credit for that corporation by making a materially false financial statement in writing is not entitled to a discharge.
• Hughes Alonzo Robinson, Sr. v. Bankruptcy
  352 F.2d 305· 5th Cir.· 1965-10-29
• In re Knapp
  309 F.2d 479· 2d Cir.· 1962-11-08
  The court held that the referee's findings of fact were sufficient to support the denial of a discharge and that the judge did not err in accepting them.
• 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.