Yaquinto v. Ward, No. 18-10469 (5th Cir. 2020)Annotate this Case
The Fifth Circuit held that the Bankruptcy Court had the equitable power emanating from 11 U.S.C. 105(a) to correct any error it may have committed in changing the date of the first creditors' meeting after the case was transferred out of the Eastern District. In this case, the Objectors reasonably relied on the issuance by the Northern District Bankruptcy Court's Clerk of a second, later date for the section 341(a) initial creditors' meeting and a corresponding new, later deadline for filing objections to discharge. The court also held that the Bankruptcy Court correctly denied debtor's discharge under section 727(a)(4)(A), and that the Bankruptcy Court was correct in finding that debtors' discharge could also be denied under section 727(a)(5).