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LaLeine M. Van Leuven v. Robert Holway (In re Holway)

Bankr. No.: 
03-50144
Adv. No.: 
03-5009
Chapter: 
7
Date of Decision: 
January 21, 2004
Issue: 
Whether Plaintiff was entitled to summary judgment on her complaint objecting to Debtor’s discharge pursuant to 11 U.S.C. § 727(a)(4)?
Ruling: 
Plaintiff was entitled to summary judgment since Debtor failed to advance specific facts to create a genuine issue of material fact for trial and Plaintiff was entitled to judgment as a matter of law. Debtor’s misstatements and omissions in his schedules and statement of financial affairs constituted a pattern of reckless disregard for the accuracy of his schedules sufficient to warrant the Court’s denying Debtor’s discharge under 11 U.S.C. § 727(a)(4).
Full Bankruptcy Court Decision: