Bankr. No.:
02-50271
Adv. No.:
02-5011
Chapter:
7
Date of Decision:
April 25, 2003
Issue:
(1) Whether under the facts and circumstances of the case, a constructive trust should be imposed against Defendant Bank’s mortgages against Debtors’ real property? (2) Whether Defendant-Debtor should summarily be denied his general discharge under § 727(a)(4)(A)?
Ruling:
(1) Plaintiff pled no facts that would support imposing a constructive trust against Defendant Bank’s mortgages against Debtors’ property. See Matter of Estate of Perkins, 508 N.W.2d 597, 600 (S.D. 1993). (2) Record clearly established that Debtor intentionally or recklessly filed schedules and a statement of financial affairs that were materially false. His general discharge was denied under § 727(a)(4)(A).
Full Bankruptcy Court Decision:
