After a trial in two related adversary proceedings on complaints seeking denial of discharge under § 727 or the exception of a debt from discharge under § 523(a)(2)(B), the court ruled in favor of the debtors.
There was no evidence of intent to delay, defraud, or hinder a creditor or the trustee by concealing property of the estate, failing to disclose assets, or making a false oath. The debtors were able to adequately explain discrepancies in asset valuations between their bankruptcy schedules and prior financial statements, as well as why certain assets were not included in the schedules. Moreover, the lender’s evidence failed to establish the debtors’ intent to defraud or its own reliance on the allegedly false financial statements. Accordingly, the debtors should receive a discharge.