Bankr. No.:
03-10306
Adv. No.:
04-1008
Chapter:
7
Date of Decision:
October 27, 2004
Issue:
Whether Debtor was entitled to summary judgment on Plaintiff-creditor’s claim that Debtor’s discharge should be revoked under 11 U.S.C. § 727(d)(1) where Plaintiff had suspicions of possible fraud by Debtor before Debtor’s discharge was entered?
Ruling:
Three pre-petition circumstances put Plaintiff on notice, before Debtor’s discharge was entered, that it needed to investigate Debtor’s pre-petition actions for a possible dischargeability or denial of discharge complaint. Accordingly, Plaintiff could not now seek a revocation of Debtor’s discharge under § 727(d)(1).
Full Bankruptcy Court Decision:
