Objection To Discharge

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

• 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 Schwartz
  135 F.2d 362· 2d Cir.· 1943-03-30 ·cited 4×
  The court held that the objecting creditor failed to meet its initial burden of proving reasonable grounds to believe the bankrupt made a materially false financial statement.
• Lawrence v. Chapter 7 Tr. (In Re Lawrence)
  251 B.R. 630· S.D. Fla.· 2000-07-31 ·cited 3×
  The district court affirmed the bankruptcy court's turnover, contempt, and incarceration orders, finding the offshore trust was property of the estate and the debtor had the ability to comply with the turnover order.
• MacPherson v. Shaheen (In Re MacPherson)
  129 B.R. 259· M.D. Fla.· 1991-04-30 ·cited 3×
  The court held that the bankruptcy court correctly denied the husband a discharge because he failed to keep adequate records and explain the loss of assets, but correctly granted the wife a discharge as the objecting parties failed to establish a prima facie case against her.
• Bates v. Bates
  705 So. 2d 1045· Fla. 4th DCA· 1998-02-11 ·cited 2×
  A wife filed for bankruptcy and was discharged of her debts in March 1996. Five months later, a state court entered a final judgment in the couple's dissolution of marriage, ordering the wife to assume half the marital debt. The court reversed, holding that the husband waived his
• In re Coston v. Bank OF Malvern
  987 F.2d 1096· 5th Cir.· 1992-10-30 ·cited 2×
  The court held that while the Bank's motion for non-dischargeability was timely, its reliance on the debtors' misrepresentation of a retirement fund's liquidity was not commercially reasonable, thus the debt was dischargeable.
• In re Donald E. Jones and Eileen v. Jones
  966 F.2d 169· 5th Cir.· 1992-07-14 ·cited 2×
  The court held that the debtors' arguments regarding the timeliness of the discharge objection and the validity of the bankruptcy court's orders were meritless, affirming the denial of discharge for disobeying lawful court orders.
• In re South v. United States
  689 F.2d 162· 10th Cir.· 1982-09-14 ·cited 2×
  The court held that the $60 filing fee for creditors initiating adversary bankruptcy proceedings does not violate the Due Process Clause of the Fifth Amendment.
• Greenberg v. Schools
  21 B.R. 1011· S.D. Fla.· 1982-05-11 ·cited 2×
  An obligation arising from a settlement agreement that extinguishes a claim for fraud or defalcation is not dischargeable in bankruptcy under 11 U.S.C.A. § 523(a)(4).
• Abbott v. The Regents OF the Univ. OF Cal.
  516 F.2d 830· 9th Cir.· 1975-05-21 ·cited 2×
  The court held that the bankrupt's student loan debt was not dischargeable in bankruptcy due to fraudulent concealment of prior loans.
• In re Humphries v. Humphries
  469 F.2d 643· 5th Cir.· 1972-11-20 ·cited 2×
  The court affirmed the referee's decision, finding no clear error in the denial of the discharge objection and the determination of debt dischargeability.
• Morehead v. Greenville Supply Co.
  439 F.2d 962· 6th Cir.· 1971-03-25 ·cited 2×
  The court held that the bankrupt's failure to produce corporate records, despite a court order, was a sufficient ground to deny his discharge.
• In re Vaughn B. Connelly v. Isadore Michael
  424 F.2d 387· 5th Cir.· 1970-03-26 ·cited 2×
  The court held that the bankrupt's attorney could not question the trustee about the investigation process, as the focus was on the bankrupt's actions, not the trustee's conduct.
• In re Zidoff v. Shaw Bros.
  309 F.2d 417· 7th Cir.· 1962-11-09 ·cited 2×
  The court held that the Referee's findings of fact were not clearly erroneous, and therefore the denial of the bankrupt's discharge was justified and correctly confirmed by the District Court.
• Cartelli v. Green
  331 So. 3d 839· Fla. 4th DCA· 2021-11-24 ·cited 1×
  An adult child was appointed personal representative of a deceased parent's estate in ancillary proceedings involving Florida real property. The appellant, a half-sibling and beneficiary, objected to the final accounting and discharge, challenging the timeliness of the home's sal
• In re MacQUOWN v. MacQUOWN
  717 F.2d 859· 3d Cir.· 1983-09-26 ·cited 1×
  The court held that for purposes of determining whether a transfer occurred within one year of bankruptcy under § 14(c)(4) of the Bankruptcy Act of 1898, the relevant date is when the deed is recorded, not when it is executed, especially when the transfer is gratuitous.
• Losey v. Losey
  204 F.2d 684· 9th Cir.· 1953-05-20 ·cited 1×
  The court held that the objections to discharge presented a question of fact, and the appellate court would not overturn the trial court's affirmance of the referee's findings.
• In re Ishear
  S.D. Fla.· 1926-10-30 ·cited 1×
  District court granted bankrupt's motion to strike specifications of objection to discharge because they were unverified, though permitted amendment of the first and third specifications within 20 days.
• In re Bauknight
  S.D. Fla.· 1926-09-20 ·cited 1×
  A bankrupt's refusal to answer material questions in bankruptcy proceedings on self-incrimination grounds, despite her constitutional privilege to do so, bars her discharge from provable debts under section 14b(6) of the Bankruptcy Act.
• In re Brinson
  S.D. Fla.· 1925-02-02 ·cited 1×
  In a bankruptcy discharge proceeding, the court addressed whether objections filed by a creditor were sufficiently pleaded to bar discharge. The court held that while some objections were deficient in form or specificity, others alleging concealment of property and false oaths in
• O'Steen v. Lafayette State Bank
  M.D. Fla.· 2019-11-14
  Under Florida law, Fla. Stat. § 57.105(7) makes attorney's fees mandatory for a prevailing party when a contract contains a reciprocal fee provision, not discretionary.
• Drehsen v. Bank of St. Petersburg (In Re Drehsen)
  190 B.R. 441· M.D. Fla.· 1995-10-17
  The district court affirmed the bankruptcy court's decision, holding that the debtor's failure to disclose a pending criminal matter on financial statements constituted a materially false representation, and the bank reasonably relied on these statements with intent to deceive, t
• Parker-Marshall Grp., Inc. v. Lee
  188 B.R. 297· M.D. Fla.· 1995-07-03
  The court held that the bankruptcy court did not err in denying the motion to enforce the settlement because the settlement agreement explicitly required bankruptcy court approval as a condition precedent to enforcement, and public policy favors a debtor's fresh start.
• Kapila v. Beahm (In Re Beahm)
  179 B.R. 329· S.D. Fla.· 1995-02-24
  The court held that the bankruptcy court erred in concluding it lacked authority to deny an exemption based on fraudulent conduct, and that Florida's fraudulent transfer statutes may apply.
• In re Blair B. Woodfield v. Blair B. Woodfield
  978 F.2d 516· 9th Cir.· 1992-10-22
  The court held that the bankruptcy court and district court clearly erred in finding the debtor's intent was not fraudulent.
• United States v. Haimes (In Re Haimes)
  146 B.R. 298· S.D. Fla.· 1992-10-19
  The court held that the bankruptcy court erred in granting a directed verdict for discharge and in denying the motion to amend the complaint.
• In re Carey v. Carey
  938 F.2d 1073· 10th Cir.· 1991-07-05
  The court held that the debtor's pre-bankruptcy conversion of non-exempt assets to pay down her homestead mortgage, without more, did not constitute fraud sufficient to deny her homestead exemption or discharge of debts.
• In re Higginbotham
  917 F.2d 1130· 8th Cir.· 1990-10-29
  A party waives their right to a new trial before a successor judge if they fail to object to the successor judge's authority to decide the case.
• In re McGUIRT v. McGUIRT
  879 F.2d 182· 5th Cir.· 1989-08-09
  A motion for relief from the automatic stay, even if alleging fraud, does not satisfy the specificity requirements for a complaint to determine dischargeability under Bankruptcy Rule 4007(c) and does not relate back to the filing date of the motion.
• Hoskins v. Yanks (In Re Yanks)
  100 B.R. 595· S.D. Fla.· 1989-05-31
  The court held that the bankruptcy court erred in denying collateral estoppel based on a potential finding of reckless disregard, but reached the correct conclusion for the wrong reason; the state court judgment is not entitled to collateral estoppel effect because the standard o
• In re Hughes v. Lieberman
  873 F.2d 262· 11th Cir.· 1989-05-17
  The court held that the debtor should be given an opportunity to present organized financial records to determine if denial of discharge is appropriate, applying equitable principles.
• In re Vahlsing v. Vahlsing
  829 F.2d 565· 5th Cir.· 1987-10-16
  A party whose claim against a debtor has been fully adjudicated and dismissed in another court lacks creditor status and therefore lacks standing to object to the debtor's Chapter 7 discharge.
• West v. Dent
  826 F.2d 1376· 4th Cir.· 1987-08-28
  The court held that a Chapter 13 debtor's discharge under § 1328(a) was proper even if the final payment was slightly delayed due to procedural issues, provided it was within statutory limits and the debtor did not abandon the plan.
• In re Boucher v. Boucher
  728 F.2d 1152· 8th Cir.· 1984-03-07
  The court held that the bankruptcy court did not abuse its discretion in denying Carlson's motion for an extension of time to object to discharge, nor did it err in finding that Carlson had an adequate remedy for debtor examination under the Rules of Bankruptcy Procedure.
• In re Dolleslager v. Dolleslager
  618 F.2d 322· 5th Cir.· 1980-06-02
  The court held that dismissal of the bank's complaint was an abuse of discretion because the severe sanction was disproportionate to the bank's procedural defaults, and less severe sanctions were available.
• In re Laurence Semel
  479 F.2d 1269· 3d Cir.· 1973-06-27
  The court held that the district court did not err in vacating the referee's order granting discharge and denying discharge based on a violation of 18 U.S.C. § 152.
• In re Brown v. Indus. Leasing Corp.
  444 F.2d 49· 8th Cir.· 1971-06-07
  The court held that the bankrupt's objection to discharge was sufficiently definite and that the leases constituted an extension of credit, thus affirming the denial of 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.
• Cowley v. Gertrude E. Gouvia
  368 F.2d 673· 5th Cir.· 1966-11-21
  The court held that a bankrupt is entitled to a proper review of the referee's decision, which requires a transcript or summary of the evidence to be transmitted to the district court.
• Barnes v. Maley
  360 F.2d 922· 7th Cir.· 1966-05-23
  A prior discharge in a wage-earner's extension plan under Chapter XIII does not bar a subsequent discharge in straight bankruptcy within six years.
• In re Vernon v. Babb
  313 F.2d 200· 7th Cir.· 1963-02-06
  The court vacated the order of confirmation and remanded the case for further proceedings, as the objecting creditor had declared the matter moot.
• In re Molden v. Molden
  300 F.2d 5· 7th Cir.· 1962-03-15
  The court held that the creditor failed to establish a prima facie case of fraudulent concealment or transfer sufficient to shift the burden of proof to the bankrupt, and thus, the bankrupt was entitled to a discharge.
• In re Ignatius A. Monforte
  296 F.2d 233· 2d Cir.· 1961-12-06
  The court held that a state court judgment setting aside a transfer as fraudulent is res judicata in a bankruptcy proceeding objecting to discharge, and the bankrupt cannot relitigate the issue.
• Chambers v. Bliss
  250 F.2d 662· 7th Cir.· 1958-01-08
  The court held that the objecting creditor waived any right to complain about the procedure and that the discharge order was valid.
• In re Atanasio
  165 F.2d 691· 3d Cir.· 1948-01-23
  The court held that the bankrupt's petition to reopen proceedings to obtain a discharge, filed more than six years after the denial, was properly denied due to his own neglect and lack of substantial equity.
• In re D'Arcy
  147 F.2d 358· 3d Cir.· 1945-02-12
  The court held that the bankrupt's financial statement, while not entirely accurate, was not made with the wilful intent to deceive the creditor, thus upholding the discharge.
• In re Chase v. Local Loan Co.
  141 F.2d 299· 7th Cir.· 1944-02-19
  A bankrupt's failure to disclose the disposition of exempt property does not constitute grounds for denying a discharge, even if the omission was intentional.
• In re Rich (two cases)
  134 F.2d 779· 2d Cir.· 1943-04-14
  The court held that the bankrupt's failure to keep adequate financial records, despite substantial income, warranted denial of his discharge.
• Berley v. Fiol
  124 F.2d 676· 2d Cir.· 1942-01-12
  The court held that the bankrupt made materially false written statements in obtaining money and credit, thus barring his discharge.