Gandy v. Schuchardt (In re Gandy)

(Sixth Circuit Apr. 7, 2016)

The Sixth Circuit affirms the bankruptcy court’s judgment denying the debtor a discharge. The debtor made conflicting statements regarding his marital status and annual income in various filings. The creditor repeatedly objected, and then filed an action to deny the debtor a discharge under 11 U.S.C. § 727(a)(4). The court holds that the finding of the requisite intent was supported by the fact that the debtor relied on his false statements despite the creditor’s objections, and amended the filings only after the creditor filed the nondischargeability action. Opinion below.

Judge: Gibbons

Attorney for Debtor: John P. Newton

Creditor: Pro Se

2016-04-07 – in re gandy

Author: Matt Lindblom

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