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McDow v. Gammons (In re Gammons) (Case No. 05-64019; A.P. No. 06-06058) 01/05/2007

The Court denied the United States Trustee’s complaint seeking to revoke debtors’ discharge under 11 U.S.C. § 727(d)(1) because (1) the party (an anonymous creditor) requesting the revocation of such discharge was clearly aware of the facts that gave rise to the alleged fraud before the discharge was granted and (2) the United States Trustee failed to prove all of the elements of fraud because debtors did not intend to deceive by not including certain income on their schedules.

Date: 
Friday, January 5, 2007
Category: 
Discharge
Substantial Abuse
Chapter: 
7