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McDow v. Davis (In re Davis) (Case No. 09-60167; A.P. No. 09-06072) 09/21/2010

            The United States trustee filed a complaint under 11 U.S.C. § 727(a)(2), (4), and (5) seeking a judgment denying the debtor his discharge.  The United States trustee withdrew his objection to discharge based on section 727(a)(5).  The debtor had failed to disclose the sales and transfers of certain property and also failed to disclose that he conducted business through an LLC and not as a sole proprietorship.  The Court found that the United States trustee presented no evidence to support the element of intent and thus concluded that the debtor’s failure to disclose the sales was not the result of an intent to hinder, delay, or defraud a creditor or an officer of the estate.  While the Court concluded that the debtor made a false oath that was material in connection with the case, it also concluded that the debtor did so without any intent to deceive.

Date: 
Tuesday, September 21, 2010
Category: 
Adversary Proceedings
Chapter 7 Issues
Discharge
Disclosure Statement
Chapter: 
7