Jones v. US Trustee, No. 12-35665 (9th Cir. 2013)Annotate this Case
Appellant filed a chapter 7 bankruptcy petition and subsequent to the entry of the discharge order of appellant's debts, the trustee learned that appellant had misrepresented the value or existence of a number of assets in the schedules he had filed and in the testimony he gave during the creditors meeting. Finding that the misrepresentations amounted to a violation of 11 U.S.C. 727(a)(4)(A), the bankruptcy court granted the trustee's motion to revoke appellant's discharge under section 727(d)(1). Appellant appealed. The court adopted the reasoning of the Bankruptcy Appellate Panel and its sister circuits in holding that a material fraud, which would have resulted in the denial of a Chapter 7 discharge had it been known at the time of such discharge, could justify revocation of that discharge under section 727(d)(1). Accordingly, the court affirmed the judgment of the district court affirming the bankruptcy court's decision.