Objection To Discharge

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

• In re Caryl W. Riggsby v. Caryl W. Riggsby
  745 F.2d 1153· 7th Cir.· 1984-10-15 ·cited 126×
  An order by a district judge reversing a bankruptcy judge's dismissal of a complaint objecting to discharge and remanding for further proceedings is not a final order for purposes of appeal to the court of appeals.
• 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.
• In re Halpern v. Bankruptcy
  426 F.2d 102· 2d Cir.· 1970-05-08 ·cited 37×
  A prior judgment based on multiple independent, alternative grounds is not conclusive as to issues necessarily found to support only one of those grounds, particularly when those issues involve intent.
• In re Gross v. Fid. & Deposit Co. OF Md.
  302 F.2d 338· 8th Cir.· 1962-04-17 ·cited 34×
  The court held that the trial court erred in denying the bankrupt's discharge based on the referee's findings regarding destroyed records and evasive answers.
• In re Tully v. Tully
  818 F.2d 106· 1st Cir.· 1987-05-04 ·cited 30×
  A debtor's knowing and fraudulent false oath or omission of material information in bankruptcy schedules warrants denial of discharge under 11 U.S.C. § 727(a)(4)(A).
• In re Angelle v. Reed
  610 F.2d 1335· 5th Cir.· 1980-02-06 ·cited 29×
  A contractor who commingles funds advanced for home construction is not acting in a fiduciary capacity under § 17a(4) of the Bankruptcy Act unless a trust arose prior to and independent of the act of misappropriation.
• Burchett v. Myers
  202 F.2d 920· 9th Cir.· 1953-03-11 ·cited 28×
  The court held that a bankrupt's failure to keep adequate books or records from which his financial condition and business transactions can be ascertained is grounds for denying a discharge, and that amendments to objections are permissible within the referee's discretion.
• 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.
• Wade Eugene Bazemore and wife v. Stehling
  396 F.2d 701· 5th Cir.· 1968-06-20 ·cited 24×
  The court held that the district court erred in denying discharge because the referee's finding of no reliance on the false financial statement was not clearly erroneous.
• Kan. Fed. Credit Union v. Niemeier
  227 F.2d 287· 10th Cir.· 1955-10-14 ·cited 24×
  The court held that the bankrupt's actions did not constitute grounds for denying his discharge, affirming the lower court's decision.
• 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.
• Lovell v. Mixon
  719 F.2d 1373· 8th Cir.· 1983-10-31 ·cited 20×
  Res judicata and collateral estoppel do not bar a bankruptcy court from considering fraudulent transfers in a discharge denial proceeding, even if those transfers were the subject of prior fraudulent conveyance actions.
• Burton Stern v. Barnett
  452 F.2d 211· 7th Cir.· 1971-10-14 ·cited 20×
  The court held that the referee abused his discretion by permitting the withdrawal and dismissal of the bankruptcy petition, as the objecting creditors would be unduly prejudiced.
• Indus. Bank OF Commerce v. Bissell
  219 F.2d 624· 2d Cir.· 1955-02-09 ·cited 20×
• In re Bardwell v. Bardwell
  610 F.2d 228· 5th Cir.· 1980-01-15 ·cited 19×
  The court affirmed the district court's decision, holding that the bankruptcy court's finding that Mrs. Bardwell did not act with fraudulent intent or reckless indifference was not clearly erroneous.
• Morris Plan Indus. Bank v. Finn
  149 F.2d 591· 2d Cir.· 1945-05-28 ·cited 19×
  The court held that the bankrupt's discharge should not have been denied solely on the basis of 'knowingly' omitting property without also finding fraudulent intent.
• In re Posta v. Posta
  866 F.2d 364· 10th Cir.· 1989-01-26 ·cited 18×
  A debt is not nondischargeable under § 523(a)(6) if the debtor's conversion of collateral was not malicious, meaning the debtor did not act with knowledge of the creditor's rights or foreseeability of harm.
• In re Thornton v. Thornton
  544 F.2d 1005· 9th Cir.· 1976-08-12 ·cited 16×
  The court held that the bankrupt's obligation to pay deducted wages to a vacation fund was contractual, not fiduciary, and therefore dischargeable in bankruptcy.
• Becker v. Shields
  237 F.2d 622· 8th Cir.· 1956-10-26 ·cited 16×
  The court held that the District Court erred in vacating the Referee's order because the question of the bankrupt's intent to defraud was a question of fact for the Referee, not a matter of law for the court.
• In re Wolf. Appeal of Huggins
  165 F.2d 707· 3d Cir.· 1948-01-21 ·cited 16×
  The court should reverse the bankruptcy court's affirmance of the referee's finding, as the evidence clearly indicates a fraudulent transfer of property.
• 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.
• Thompson v. ECK
  149 F.2d 631· 2d Cir.· 1945-05-31 ·cited 15×
  The court held that the bankrupt's past claims of ownership and financial statements were insufficient to prove concealment of assets, and that no fraudulent intent was demonstrated.
• In re Adlman v. Adlman
  541 F.2d 999· 2d Cir.· 1976-09-14 ·cited 14×
  The court held that the bankruptcy judge's finding of actual intent to defraud creditors was not clearly erroneous and affirmed the denial of discharge.
• Kentile Floors, Inc. v. Winham
  440 F.2d 1128· 9th Cir.· 1971-04-12 ·cited 14×
  A bankrupt's intentional falsification of financial statements does not preclude discharge if the creditor's reliance on those statements was unreasonable under the circumstances.
• Am. Nat'l Bank OF Denver v. Rainguet
  323 F.2d 881· 10th Cir.· 1963-10-31 ·cited 14×
  The court held that the referee's findings, upheld by the district court, were not clearly erroneous, and thus the bankrupt was entitled to a discharge.
• In re Kaufhold
  256 F.2d 181· 3d Cir.· 1958-06-05 ·cited 14×
  The court held that the District Court erred in reversing the Referee's finding that the bankrupt knowingly and fraudulently made a false oath in relation to a bankruptcy proceeding.
• In re Finn. Appeal of Morris Plan Indus. Bank OF NEW York
  119 F.2d 656· 3d Cir.· 1941-04-10 ·cited 14×
  A false statement made by a bankrupt in a loan application is material if the lender relied on it, regardless of intent to deceive.
• Williamson v. Fireman's Fund Ins. Co.
  828 F.2d 249· 4th Cir.· 1987-09-15 ·cited 13×
  The court held that the bankruptcy court's finding of fraudulent intent was not clearly erroneous, affirming the denial of the debtor's discharge.
• In re May
  12 B.R. 618· N.D. Fla.· 1980-10-16 ·cited 13×
  The court held that allegations of fraudulent transfers, even if occurring more than one year before bankruptcy, could constitute a continuing concealment of assets, potentially barring discharge.
• In re Jones v. Jones
  490 F.2d 452· 5th Cir.· 1974-02-25 ·cited 13×
  The court held that the bankruptcy judge did not abuse discretion by granting a discharge despite the bankrupt's inadvertent failure to timely comply with a court order, as the failure was not wilful and no prejudice resulted to creditors.
• Richardson v. John H.M. Richardson
  524 So. 2d 1126· Fla. 5th DCA· 1988-05-12 ·cited 12×
  A son of a decedent sought to object to the widow's final accounting as personal representative, but the trial court dismissed his objection on the ground that he lacked standing as an 'interested person.' The appellate court reversed, holding that a contingent beneficiary under
• In re Bateman v. Bateman
  646 F.2d 1220· 8th Cir.· 1981-04-08 ·cited 12×
  A gratuitous transfer of valuable property by a debtor shortly before bankruptcy raises a presumption of fraudulent intent, and the debtor's explanations were insufficient to rebut this presumption.
• In re Decker
  595 F.2d 185· 3d Cir.· 1979-03-26 ·cited 12×
  The court held that Bankruptcy Rule 407, not the proviso to section 14c of the Bankruptcy Act, governs the burden of persuasion in discharge objections, placing it on the Trustee.
• In re Wood v. Fiedler
  548 F.2d 216· 8th Cir.· 1977-01-14 ·cited 12×
  The bankruptcy court has discretion to defer determination of dischargeability of a debt until after liquidation in another court, and the 1970 amendments did not remove this discretion.
• In re Barbato
  398 F.2d 572· 3d Cir.· 1968-06-18 ·cited 12×
  The court held that the lower courts failed to address the critical issue of whether the bankrupt's false financial statement was made with reckless indifference to the facts, requiring further proceedings.
• In re Melnick
  360 F.2d 918· 2d Cir.· 1966-05-05 ·cited 12×
  The court held that the bankrupt's false statements regarding property transfers were made knowingly and fraudulently, thus preventing discharge.
• Mountain Tr. Bank v. Shifflett
  255 F.2d 718· 4th Cir.· 1958-05-23 ·cited 12×
  The court held that the District Judge erred in reversing the Referee's denial of discharge, as the Referee's findings were not clearly erroneous and the bankrupt failed to meet his burden.
• Rameson Bros. v. Bankruptcy
  241 F.2d 271· 9th Cir.· 1957-01-02 ·cited 12×
  The court held that the bankrupts' discharges were correctly denied due to their failure to keep adequate records, inability to explain asset deficiencies, and the Referee's proper exercise of discretion in allowing late-filed objections.
• Hayslip v. Long
  227 F.2d 550· 5th Cir.· 1955-11-23 ·cited 12×
  A prior jury finding that a conveyance was 'fraudulent' does not automatically satisfy the Bankruptcy Act's requirement of proving a transfer 'with intent to hinder, delay or defraud his creditors' for the purpose of denying discharge.
• Bentley M. McMULLIN v. Todd
  228 F.2d 139· 10th Cir.· 1955-11-19 ·cited 12×
  The court held that the evidence presented by the objecting creditor was sufficient to establish a prima facie case that the bankrupt transferred property with intent to hinder, delay, or defraud creditors, shifting the burden to the bankrupt to prove otherwise.
• In re Calder v. Calder
  907 F.2d 953· 10th Cir.· 1990-06-29 ·cited 10×
  The court held that a debtor's knowing and fraudulent omission of material information from bankruptcy filings can lead to denial of discharge, and that a debtor may waive the protections of the automatic stay through unreasonable delay and failure to notify creditors.
• In re COX v. Lansdowne
  904 F.2d 1399· 9th Cir.· 1990-06-08 ·cited 10×
  The court held that the bankruptcy court did not commit a gross abuse of discretion by failing to consider the debtor's delegation of record-keeping duties to her husband as a relevant factor.
• In re Orrin C. Kreps, Jr. v. Orrin C. Kreps, Jr.
  700 F.2d 372· 7th Cir.· 1983-02-17 ·cited 10×
  The court held that the Bankruptcy Court's finding of non-reliance was clearly erroneous and that the bank had reasonably relied on the debtor's materially false financial statement.
• Union Bank v. Blum
  460 F.2d 197· 9th Cir.· 1972-05-08 ·cited 10×
  The court held that the referee's findings of fact were not clearly erroneous and that any procedural defects were harmless error, affirming the grant of discharge.
• 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 Ostrer
  393 F.2d 646· 2d Cir.· 1968-04-19 ·cited 10×
  The denial of the bankrupt's discharge should be affirmed because the bankrupt made a materially false written statement of his financial condition with intent to deceive, upon which the objecting creditor relied.
• 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.
• In re Smiley v. First Nat'l Bank OF Belleville
  864 F.2d 562· 7th Cir.· 1989-01-09 ·cited 9×
  The court held that a debtor's transfers of property to purchase exempt assets, coupled with misrepresentations to creditors about the value and availability of those assets, constituted an intent to hinder or delay creditors, warranting denial of discharge.
• In re Schoenfield v. Schoenfield
  608 F.2d 930· 2d Cir.· 1979-10-12 ·cited 9×
  The court held that a new trial de novo is required when a bankruptcy judge becomes unable to complete a bench trial before filing findings of fact and conclusions of law, absent party consent, to ensure proper credibility assessment.