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First Nebraska Bank v. Larry & Wendy Poppe (In re Poppe), Ch. 7, BK16-40681, A16-4019 (Jan. 3, 2017)

A secured creditor sought denial of the debtors’ discharge under §§ 727(a)(6)(A) and (a)(7) for the debtors’ failure to turn over property pursuant to a court order in the debtors’ previous bankruptcy case. The court denied the creditor’s motion for summary judgment, despite the debtors’ failure to object, because the facts did not establish the elements pleaded in the complaint. Section 727(a)(6)(A) refers to a debtor’s refusal to comply with court orders in the present case, not a prior case, and § 727(a)(7) requires the objectionable acts to have occurred in connection with a case involving an insider, which did not exist here.

Tuesday, January 3, 2017