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[without explaining what those circumstances were]. . . . [A] conclusory statement in an affidavit that an absence of records is justified is not enough to avoid summary judgment.").
E. 11 U.S.C. S 727(a)(4)
Chase v. Harris (In re Harris), 385 B.R. 802 (B.A.P. 1st Cir. 2008) (Omission of five credit card debts on Schedule F bars discharge under S 727(a)(4) when debtor acknowledged that purpose of omission was to keep credit cards and not "totally destroy" access to credit. Denial of discharge under S 727(a)(4) requires that the debtor (1) knowingly and fraudulently made a false oath, and (2) that the false oath related to a material fact in the bankruptcy case. Once plaintiff establishes a prima facie case, the burden shifted to the debtor to "come forward with evidence that she has not committed the offense charged. . . . A 'reckless indifference to the truth' constitutes a fraudulent intent for purposes of S 727(a)(4)." Conflicting testimony regarding the omission of the credit card debts, and debtor's failure to amend her Schedules to include the debts, left "no question that the Debtor acted with a reckless indifference to the truth, and in fact omitted the credit card debts with the intent to deceive.").
F. 11 U.S.C. S 727(a)(5)
G. 11 U.S.C. S 727(a)(6)
H. 11 U.S.C. S 727(a)(7)
I. 11 U.S.C. S 727(a)(8)
J. 11 U.S.C. S 727(a)(9)
K. 11 U.S.C. S 727(a)(10)
L. 11 U.S.C. S 727(a)(11)
IV. REVOCATION OF DISCHARGE: 11 U.S.C. S 727(c), (d) AND (e)
Smith v. Jordan (In re Jordan), 521 F.3d 430 (4th Cir. 2008) (Because "refused" in S 727(a)(6)(A) requires evidence of willfulness and intent, refinancing home during Chapter 7 case after discharge and in violation of order that prohibited the "transfer" of property would not support revocation of discharge absent other evidence of willfulness or intent. One week after discharge, debtor (now unemployed) refinanced debt on home and received $15,000 which she used for living expenses. New deed of trust for $231,000 was recorded. Several months later, and 11 months after petition, trustee moved to sell home for $227,000. Debtor responded, disclosing refinancing. Trustee withdrew sale motion and filed complaint to revoke discharge. Administrative order entered at beginning of case required debtor (1) "'shall not sell, transfer, remove, destroy, mutilate or conceal any of [debtor's] property, and [debtor] shall make all or any part thereof available to the Trustee, when requested to do so'"; (2) "'shall not turn over any of [debtor's] property to any creditor or party in interest without bankruptcy Trustee's knowledge and consent, unless so ordered by the . . . Bankruptcy Court'", (3) "'cooperate with the Trustee as is necessary to enable the Trustee to perform the Trustee's duties as required by law'", and (4) "'shall obey all orders of the . . . Bankruptcy Court'" and explained that the debtor's "'responsibility for doing so does not cease even after a discharge is granted.'" Section 727(d)(3), read with S 727(a)(6)(A), allows
©2009 Keith M. Lundin
