Revocation Of Discharge

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

• In re Klapp v. Landsman
  706 F.2d 998· 9th Cir.· 1983-05-24 ·cited 10×
  A debt is non-dischargeable if the debtor's discharge was revoked in a prior proceeding due to fraudulent concealment of property, even if the statute literally requires a denial of discharge.
• Hyman v. McLENDON
  140 F.2d 76· 4th Cir.· 1944-01-10 ·cited 8×
  The bankruptcy court had jurisdiction to adjudicate the controversy because the parties consented, and the bankrupt and his trustee are bound by the prior settlement agreement and court orders.
• In re Yonikus
  996 F.2d 866· 7th Cir.· 1993-06-08 ·cited 7×
  A debtor's fraudulent concealment of an asset from the bankruptcy estate constitutes bad faith and is grounds for denying an exemption in that asset, even if the asset might otherwise be considered exempt.
• In re Yonikus
  974 F.2d 901· 7th Cir.· 1992-09-09 ·cited 4×
  A debtor's personal injury claim, even if subject to a state lien, is property of the bankruptcy estate that must be reported, and failure to do so with fraudulent intent warrants revocation of discharge.
• Cilley v. The First Nat'l Bank OF Mount Dora
  396 So. 2d 808· Fla. 5th DCA· 1981-04-08 ·cited 4×
  An attorney appealed an order denying his petition for reasonable attorney's fees for services rendered to a guardian of an incompetent person. The court reversed, holding that the record contained sufficient evidence of the reasonableness and value of the services to entitle the
• Thompson v. Gargula
  939 F.3d 1279· 11th Cir.· 2019-10-07 ·cited 2×
  The Eleventh Circuit held that the lack-of-knowledge requirement explicitly stated in 11 U.S.C. § 727(d)(1) cannot be read into 11 U.S.C. § 727(d)(2).
• In re Lelon C. Dietz v. Mitchell
  914 F.2d 161· 9th Cir.· 1990-09-04 ·cited 2×
  The court held that a bankruptcy discharge can be revoked even if no formal order was entered, provided the debtor fraudulently acquired and failed to report estate property after the effective date of discharge. It also held that initial transferees of estate property cannot ass
• Appeal of John R. Moynagh, Jr.
  560 F.2d 1028· 1st Cir.· 1977-08-24
  A bankruptcy discharge can be revoked for fraud upon the bankruptcy court, even if the applicant for revocation lacked pre-discharge knowledge of the fraud.
• Solove v. Chase Manhattan Bank
  388 F.2d 874· 5th Cir.· 1968-01-25
  An amended petition to revoke a bankrupt's discharge, filed over one year after the discharge and containing substantially new grounds, is not timely filed through relation back to the original petition.
• In re Zidek. Strobl v. Zidek
  143 F.2d 592· 7th Cir.· 1944-06-21
  The court held that the appeal was wholly without merit and frivolous.