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Daniel J. Casamatta, Acting United States Trustee v. Matthew Skibicki (In re Skibicki), Ch. 7, BK20-40033-TLS, A20-4011-TLS (Apr. 12, 2021)

The court denied summary judgment on the United States Trustee’s complaint seeking a denial of discharge under §§ 727(a)(2), (a)(4)(A), and (a)(4)(D). While the plaintiff proved that the debtor failed to disclose several bank accounts, gave incorrect balances for accounts that were disclosed, and failed to disclose a number of cash transfers, under circumstances that lead to a presumption of intent to deceive, the debtor should be given the opportunity to rebut that presumption at trial. Likewise, the plaintiff established that the debtor made false oaths in his bankruptcy schedules and Statement of Financial Affairs, but the question of whether those false oaths were made knowingly and fraudulently should be established at trial.

Monday, April 12, 2021
Judge Thomas L. Saladino