After a trial, the court denied a discharge to a debtor who omitted assets and pre-petition asset sales and payments from his bankruptcy schedules and statement of financial affairs. The court found these omissions and misstatements to constitute false oaths and to be material. The court also found intent based on "the sheer volume of misstatements and omissions [which] demonstrates, at a minimum, reckless indifference to the truth." Because the debtor's omissions and misstatements were numerous and were corrected only after a creditor made the effort to dig them out, they rendered the schedules unreliable and the court accordingly denied the debtor a discharge under 11 U.S.C. ยง 727(a)(4)(A).
Date:
Monday, January 14, 2019
Judge:
Judge Thomas L. Saladino