Objection To Discharge

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

• In re Esmond v. Esmond
  752 F.2d 1106· 5th Cir.· 1985-02-15 ·cited 8×
• In re Oesterle v. Oesterle
  651 F.2d 401· 5th Cir.· 1981-07-24 ·cited 8×
  The court affirmed the discharge in bankruptcy, holding that the lower courts did not abuse their discretion in finding the bankrupt's failure to maintain financial records justified under the circumstances.
• In re Dloogoff v. Dloogoff
  600 F.2d 166· 8th Cir.· 1979-06-14 ·cited 8×
  The court held that a debt is not non-dischargeable under section 17(a)(4) of the Bankruptcy Act if the debtor-contractor did not have a technical fiduciary relationship with the creditor, as implied by state law, separate from the contract itself.
• McDOWELL v. John Deere Indus. Equip. Co. & John Deere Co. of Lansing, Inc.
  461 F.2d 48· 6th Cir.· 1972-05-26 ·cited 8×
  The court held that the District Court did not err in reversing the Referee's denial of discharge because there was insufficient evidence of the creditor's reliance on the bankrupt's false financial statements.
• In re Laurence Semel. Laurence Semel
  427 F.2d 651· 3d Cir.· 1970-04-21 ·cited 8×
  A referee in bankruptcy may extend the time for filing objections to a bankrupt's discharge without notice to the bankrupt, as Section 14b of the Bankruptcy Act grants this discretion.
• In re Minnick v. Lafayette Loan & Tr. Co.
  392 F.2d 973· 7th Cir.· 1968-02-20 ·cited 8×
  The court held that the referee's finding of intent to defraud creditors by conveying property was clearly erroneous and unsupported by the record, thus reversing the denial of discharge.
• In re Halpern
  387 F.2d 312· 2d Cir.· 1968-01-03 ·cited 8×
  The court held that the bankrupt's failure to keep personal financial records was justified under the circumstances, and an isolated incident of attempted fraud did not warrant denial of discharge.
• Elja Feldenstein v. Radio Distrib. Co.
  323 F.2d 892· 6th Cir.· 1963-10-23 ·cited 8×
  The court held that the record did not establish a finding that the bankrupt's financial statement was materially false, and therefore, the discharge could not be denied on that basis without further findings.
• Stim v. Simon
  284 F.2d 58· 2d Cir.· 1960-11-04 ·cited 8×
  The court held that the district court erred in reversing the referee's finding that the bankrupt committed a false oath by failing to list a debt, and that the referee's finding was not clearly erroneous.
• In re Bernstein. Bernstein v. Assocs. Disc. Corp.
  197 F.2d 378· 7th Cir.· 1952-06-17 ·cited 8×
  The court held that a bankrupt partner's materially false financial statement, relied upon by a creditor, justifies denial of discharge, even if secured by a chattel mortgage or made with a lapse of time.
• In re Haggerty
  165 F.2d 977· 2d Cir.· 1948-01-27 ·cited 8×
  The court held that a bankrupt's failure to disclose a significant unrecorded mortgage debt in a financial statement to a bank, when the bank's decision to grant a loan could be influenced by such obligations, constitutes a materially false statement preventing discharge.
• In re Newman. Newman v. Burnham
  126 F.2d 336· 6th Cir.· 1942-03-12 ·cited 8×
  The court held that the District Judge erred in reversing the Referee's order granting discharge, as there was no cogent evidence of mistake or miscarriage of justice to disturb the Referee's findings.
• In re Recile v. Ward
  496 F.2d 675· 5th Cir.· 1974-06-24 ·cited 7×
  The court held that a bankrupt is not entitled to a nunc pro tunc discharge when the failure to enter the discharge was due to the court's failure to act rather than clerical error, and that the referee had discretion to extend the time for filing objections even after the deadli
• Shelby v. Tex. Improvement Loan Co. & Home Improvement Loan Co.
  280 F.2d 349· 5th Cir.· 1960-06-30 ·cited 7×
  A bankrupt should not be denied a discharge based on a financial statement if the statement's inaccuracies were based on reasonable grounds and a good faith belief in their correctness, even if hindsight reveals overoptimism.
• In re Schwartz. Schwartz v. Popa
  133 F.2d 216· 7th Cir.· 1943-02-10 ·cited 7×
  The court held that the bankrupt's false written statement of his financial condition, made for the purpose of obtaining credit, warranted denial of his discharge.
• In re Robinson v. Robinson
  921 F.2d 252· 10th Cir.· 1990-11-28 ·cited 6×
  The husband's obligation to hold his wife harmless on a second deed of trust was not extinguished by the wife's refinancing of the debt after the husband's default.
• Cleda D. Bush v. Taylor
  893 F.2d 962· 8th Cir.· 1990-01-11 ·cited 6×
  The Bankruptcy Code's broad definition of 'debt' does not encompass a former spouse's adjudicated property interest in pension benefits, which are not dischargeable in bankruptcy.
• In re Chandler v. Chandler
  805 F.2d 555· 5th Cir.· 1986-12-09 ·cited 6×
  A debtor in Chapter 7 Bankruptcy may not discharge monthly retirement benefit payments awarded to his former spouse by a divorce decree, as these payments are the sole property of the former spouse.
• Lucius v. McLEMORE-Appellee
  741 F.2d 125· 6th Cir.· 1984-08-23 ·cited 6×
  A debtor may amend their filed schedules to add to the list of exempted property as a matter of course at any time before the close of the case, under both old Rule 110 and new Rule 1009 of the Federal Rules of Bankruptcy Procedure.
• In re Adams v. Adams
  734 F.2d 1094· 5th Cir.· 1984-06-25 ·cited 6×
  A local rule requiring a label matrix of creditors is a valid procedural rule, and failure to correctly list a creditor on this matrix, leading to lack of notice, renders the debt nondischargeable under section 17(a)(3) of the Bankruptcy Act.
• In re Bush v. Bush
  696 F.2d 640· 8th Cir.· 1983-01-06 ·cited 6×
  The court held that the District Court erred in reversing the Bankruptcy Court's factual findings, which were not clearly erroneous, and thus the debt is dischargeable.
• In re Stafos v. Stafos
  666 F.2d 1343· 10th Cir.· 1981-12-16 ·cited 6×
  The court held that the denial of discharge under 11 U.S.C. § 32(c)(3) was warranted because Stafos obtained credit by making a materially false written statement regarding his financial condition, and the creditor relied on that statement.
• 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 McBEE v. Sliman
  512 F.2d 504· 5th Cir.· 1975-05-02 ·cited 6×
  The court held that the denial of a discharge in bankruptcy was not an abuse of discretion, as the bankrupts failed to satisfactorily explain the loss of $14,000 in assets and maintain adequate records.
• In re Barbato
  421 F.2d 1324· 3d Cir.· 1970-02-09 ·cited 6×
  The court held that the bankrupt contractor's financial statement was not made with intent to deceive or reckless indifference to the facts, justifying his discharge.
• In re Rivas v. Jefferson
  412 F.2d 769· 9th Cir.· 1969-06-24 ·cited 6×
  The court held that the findings of the Referee and District Court denying the bankrupt's discharge were not clearly erroneous and were supported by substantial evidence.
• Branch v. Mills & Lupton Supply Co.
  348 F.2d 991· 6th Cir.· 1965-07-21 ·cited 6×
  The court held that concurrent findings of fact by a referee and a district judge will not be set aside on appeal unless there is a demonstration of plain mistake.
• Fid. & Deposit Co. OF Md. v. Browder
  291 F.2d 34· 5th Cir.· 1961-05-17 ·cited 6×
  The dissenting judge holds that the bankrupt should have been granted a discharge, disagreeing with the majority's reversal of the referee and district judge's findings.
• Keeble v. Bankruptcy
  290 F.2d 127· 9th Cir.· 1961-04-26 ·cited 6×
  A discharge obtained through fraud, including false oaths regarding material facts, can be revoked if the fraud is discovered after discharge and the application for revocation is timely.
• Roberts v. Henry V. Dick & Co., Inc.
  275 F.2d 943· 4th Cir.· 1960-03-08 ·cited 6×
  The court held that the nature of the debts (joint or several) must be determined before deciding if entirety property passes to the trustee and affects discharge.
• Meridian Bank v. Alten
  958 F.2d 1226· 3d Cir.· 1992-03-13 ·cited 5×
  A debtor's fear of creditors levying on assets does not justify a failure to maintain adequate financial records, which is a prerequisite for discharge under the Bankruptcy Code.
• Wheeler v. Laudani
  783 F.2d 610· 6th Cir.· 1986-02-11 ·cited 5×
  The court held that a general jury verdict for libel does not automatically establish the "willful and malicious injury" required to prevent discharge of the debt under 11 U.S.C. § 523(a)(6), as the verdict could have been based on reckless disregard rather than knowledge of fals
• Ameritrust Nat'l Bank v. Davidson (In Re Davidson)
  178 B.R. 544· S.D. Fla.· 1995-02-24 ·cited 4×
  The court held that the bankruptcy court properly denied Marian Davidson's discharge but erred in denying Walter Davidson's discharge and in overruling objections to the annuity exemption, remanding for further consideration of specific issues.
• In re Coston v. Bank OF Malvern
  991 F.2d 257· 5th Cir.· 1993-05-24 ·cited 4×
  The reasonableness of a creditor's reliance under 11 U.S.C. § 523(a)(2)(B) is a question of fact, reviewable only for clear error, not de novo.
• In re Ben P. (NMN) Gaines v. Nelson
  932 F.2d 729· 8th Cir.· 1991-05-06 ·cited 4×
  The court held that the bankruptcy court's order reopening and extending the time for objecting to discharge was not a final, appealable order, and therefore the district court lacked jurisdiction to review it.
• Cleda D. Bush v. Taylor
  912 F.2d 989· 8th Cir.· 1990-08-30 ·cited 4×
  The dissenting judges held that the obligation to pay a former spouse a share of pension benefits, characterized as a property settlement, constitutes a dischargeable debt under the Bankruptcy Code.
• In re Moreno v. Ashworth
  892 F.2d 417· 5th Cir.· 1990-01-22 ·cited 4×
  The court held that the debtor's acceptance of a consulting agreement as part of a stock sale, even if payments could be considered exempt wages, did not demonstrate actual intent to defraud creditors, thus reversing the denial of discharge. However, the court affirmed the non-di
• Gabellini v. Rega
  724 F.2d 579· 7th Cir.· 1984-01-03 ·cited 4×
  The court held that the bankruptcy court's finding that the bankrupts lacked intent to deceive was not clearly erroneous, and therefore the debt was dischargeable.
• In re Franklin v. Franklin
  615 F.2d 909· 10th Cir.· 1980-02-20 ·cited 4×
  The court held that the bankruptcy court is not confined to the state court record when determining dischargeability of a debt, overturning prior reliance on the Nicholas rule.
• Dalton Equip. Co., Inc. v. Brown
  594 F.2d 195· 9th Cir.· 1979-03-28 ·cited 4×
  The Court of Appeals held it lacked jurisdiction to hear an appeal from an interlocutory order in a 'controversy' arising in bankruptcy proceedings, as distinguished from a 'proceeding' in bankruptcy.
• 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.
• 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.
• Greenfield State Bank v. Copeland
  330 F.2d 767· 9th Cir.· 1964-04-17 ·cited 4×
  The court held that there was substantial evidence to support the lower court's finding that the bank did not rely on the bankrupt's false financial statement when making the loan.
• In re Laskin
  316 F.2d 70· 3d Cir.· 1963-04-05 ·cited 4×
  A bankruptcy court is not bound by state law regarding the admissibility of evidence to determine a party's liability on a note; it can apply equitable principles to ascertain the true intent of the parties.
• Charles Edward & Assocs. v. England
  301 F.2d 572· 9th Cir.· 1962-04-11 ·cited 4×
  The court held that specifications alleging failure to keep partnership records and improper withdrawal of partnership funds with intent to defraud creditors constitute valid grounds for denying individual partners' discharges in bankruptcy.
• William A. Wylie in Bankruptcy of the Estate of Clair v. Ward
  292 F.2d 590· 9th Cir.· 1961-07-06 ·cited 4×
  The court affirmed the district court's decision sustaining the referee's discharge of the bankrupt, finding no clear error in the referee's factual findings or legal conclusions.
• In re Jackson v. A. S. Menick in bankruptcy of Cecil M. Jackson
  271 F.2d 806· 9th Cir.· 1959-11-09 ·cited 4×
  The court held that a bankrupt's discharge can be denied based on false financial statements, failure to explain asset diminution, and false oaths, even if some objections are amended after the statute of limitations has run.
• Paully v. Magnotti
  182 F.2d 466· 2d Cir.· 1950-05-29 ·cited 4×
  The court held that the trustee should be granted leave to file an amended specification of objection, as the lower court's actions effectively vacated the discharge and directed a new hearing.
• In re W. Household Fin. Corp. v. West
  158 F.2d 858· 7th Cir.· 1946-12-24 ·cited 4×
  A bankrupt's failure to list known debts on a financial statement, even without specific intent to defraud, constitutes a materially false statement barring discharge.