Gresk v. Bulmer (In re Bulmer)

(Bankr. S.D. Ind. Feb. 10, 2017)

The bankruptcy court enters judgment in favor of the debtor on the trustee’s claims to avoid transfers of real property, but the court enters judgment in favor of the trustee on the claim under 11 U.S.C. § 727(a)(4) and denies the debtor a discharge. The court finds that the debtor made a false oath on his statement of financial affairs with reckless disregard for the truth. The debtor had transferred property prior to his divorce but claimed those transfers were made as a result of the divorce. Opinion below.

Judge: Moberly

Attorney for Trustee: Randolph A. Leerkamp

Attorneys for Defendant: Allen Wellman McNew, Michael Clifford Cooley, Wolf Law Firm, LLC, Sarah Margaret Wolf

2017-02-10-in-re-bulmer

Author: Matt Lindblom

Simmons v. Crossroads Bank

(N.D. Ind. June 22, 2015)

The district court affirms the bankruptcy court’s order denying the debtor a discharge for making false oaths in connection with his bankruptcy case. The debtor failed to list a number of assets and transactions in his schedules and statement of financial affairs. The creditor filed the complaint to deny the discharge and then amended the complaint well after the deadline for filing such complaints. The debtor argued the amendments should not have been allowed. The court recognizes the narrower standard for amendments to relate back to the original complaint in denial of discharge proceedings, but it holds that here the amendments merely listed additional omissions from the debtor’s filings and served as additional support for the original claim, and thus should relate back to the original filing date. The court also finds that the bankruptcy court did not abuse its discretion in finding the debtor had the requisite intent. Opinion below.

2015-06-22 – simmons v crossroads bank

Author: Matt Lindblom