Bankr. No.:
89-50093
Adv. No.:
89-5031
Chapter:
7
Date of Decision:
March 19, 1990
Issue:
(1) Whether an adversary complaint was timely filed? (2) Whether the debtors were entitled to a discharge under 11 U.S.C. § 727?
Ruling:
(1) Bankruptcy Rule 4004(a) requires filing an adversary complaint objecting to discharge within 60 days of the date of the § 341 meeting. Here, the complaint was timely filed with the clerk even though service on the debtors' counsel may have been two days tardy. (2) The debtors' fraudulent activity surrounding the transfer of ownership of their horses and the transfer of ownership or title to their excavating equipment was sufficient to warrant a denial of discharge under §§ 727(a)(2)(A) and 727(a)(2)(B). The debtors’ failure to account for that property on their schedules constituted making a false oath in violation of § 727(a)(4)(A).
Full Bankruptcy Court Decision:
Appeal Summary:
The bankruptcy court’s decision was affirmed by the district court and the Eighth Circuit Court of Appeals.
District Court Opinion no longer available. Eighth Circuit Court of Appeals Opinion no longer available.