Home Service Oil Co. v. Cecil, No. 15-6026 (8th Cir. 2015)
Annotate this CaseDebtor appealed the bankruptcy court's order denying her discharge for failure to list a number of assets and prepetition transfers in her bankruptcy schedules pursuant to 11 U.S.C. 727(a)(4)(A). The Bankruptcy Appellate Panel affirmed the bankruptcy court's judgment, concluding that the bankruptcy court did not clearly err in finding that debtor's omissions were made with reckless indifference to the truth and therefore were intentionally false and fraudulent. In this case, debtor, a bookkeeper for several businesses and nonprofits, failed to truthfully answer specific questions necessary to complete a picture of her assets and liabilities.
Court Description: Federman, Author, with Saladino and Shodeen, Bankruptcy Judges] Bankruptcy Appellate Panel. Bankruptcy court did not err in denying debtor her discharge pursuant to 11 U.S.C. Sec. 727(a)(4)(A) for failure to list a number of assets and prepetition transfers in her bankruptcy schedules; on the record, the bankruptcy court did not err in finding that debtor acted with reckless indifference in failing to disclose assets with a significant value. [ December 23, 2015
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