Legal Opinion

In Re Shebel

United States Bankruptcy Court, D. Vermont

Decided October 9, 1985No. 19-10162PublishedCited by 55 opinions

1Opinion of the Court

FINDINGS AND ORDER

FRANCIS G. CONRAD, Bankruptcy Judge.

Plaintiff, Oakes Brothers, Inc., an unsecured creditor, objects to the discharge of the debtors, Mr. and Mrs. Shebel, because they omitted in their Chapter 7 petition a loan secured by a mortgage on their real estate. The sole issue before the Court is whether the debtors’ having knowingly omitted this one creditor on the petition, by itself, amounts to a false oath or account in derogation of 11 U.S.C. § 727(a)(4)(A), warranting the denial of discharge. We hold, on the facts of this case, that the objecting creditor has failed to sustain…

2Cases cited40 opinions

  1. In Re Seymour Chalik, Debtor. Seymour Chalik v. Harold D. Moorefield, Jr., TrusteeCourt of Appeals for the Eleventh Circuit · 1984
  2. In the Matter of Gerald A. Mascolo, BankruptCourt of Appeals for the First Circuit · 1974
  3. In Re Lois Adlman, Bankrupt. Bank of Pennsylvania v. Lois AdlmanCourt of Appeals for the Second Circuit · 1976
  4. Farmers Co-Operative Association of Talmage, Kansas v. Tim Aaron StrunkCourt of Appeals for the Tenth Circuit · 1982
  5. In Re Diorio, Bankrupt, Philip A. Diorio, Bankrupt v. Kreisler-Borg Construction Co., Objecting CreditorCourt of Appeals for the Second Circuit · 1969

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3Cited by55 opinions

  1. Bankr. L. Rep. P 71,787 in Re John E. Tully, Debtor. Henry J. Boroff, Trustee in Bankruptcy of John E. Tully v. John E. TullyCourt of Appeals for the First Circuit · 1987
  2. Bank of India v. Sapru (In Re Sapru)United States Bankruptcy Court, E.D. New York · 1991
  3. Krohn v. Frommann (In Re Frommann)United States Bankruptcy Court, E.D. New York · 1993
  4. Bensenville Community Center Union v. Bailey (In Re Bailey)United States Bankruptcy Court, N.D. Illinois · 1992
  5. Butler v. Ingle (In Re Ingle)United States Bankruptcy Court, E.D. North Carolina · 1987

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