Date of Decision:
October 3, 2007
Whether the United States Trustee was entitled to judgment on the pleadings with respect to his complaint to determine dischargeability under 11 U.S.C. § 523(a)(10), which provides debts for which a discharge was denied in an earlier chapter 7 case cannot be discharged in a subsequent bankruptcy case?
Debtor-Defendant admitted he was denied a discharge in a prior chapter 7 case under 11 U.S.C. § 727(a)(4)(A). That was all the United States Trustee needed to establish to prevail under § 523(a)(10). The United States Trustee was therefore entitled to judgment as a matter of law.
Full Bankruptcy Court Decision: