Kupperstein v. Schall, No. 22-1287 (1st Cir. 2023)
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The First Circuit affirmed the order of the bankruptcy court determining that Donald Kupperstein knowingly and fraudulently omitted and misrepresented material facts in his Chapter 7 bankruptcy petition and related schedules, requiring that Kupperstein be denied a discharge, holding that there was no error.
Kupperstein filed in bankruptcy court a voluntary petition for relief under Chapter 7. Appellees commenced adversary proceedings seeking the denial of Kupperstein's bankruptcy discharge under 11 U.S.C. 523, 727(a)(4)(A) on the grounds that Kupperstein had engaged in clear and blatant misconduct. The bankruptcy court denied a discharge and granted summary judgment for Appellees. The district court affirmed. The First Circuit affirmed, holding (1) the bankruptcy court did not err in denying Kupperstein's motion for leave to file a belated response to Appellees' joint statement of facts in support of their motion for summary judgment; and (2) the bankruptcy court did not err in granting Appellees' joint motion for summary judgment.
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