Legal Opinion

Duval v. Portner (In Re Portner)

United States Bankruptcy Court, D. Colorado

Decided November 11, 1989No. 16-17836PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM OF DECISION DENYING 11 USC § 727 DISCHARGE-ABILITY COMPLAINT

FRANCIS G. CONRAD * , Bankruptcy Judge.

This matter 1 is before us on the complaint filed by Duvals to bar Debtor’s discharge under 11 U.S.C. §§ 727(a)(2)(A), (3), 2 (4)(A), and (5). Although not specifically enumerated in the complaint and pre-trial briefs, Duvals also placed before us evidence regarding § 727(a)(4)(D). We find Duvals failed to meet their burden of clear and convincing proof, and hold Debtor did not conceal estate property because his contingent vested remainder trust interest is not property of the estate…

2Cases cited58 opinions

  1. Brown v. FelsenSupreme Court of the United States · 1979
  2. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  3. Kokoszka v. BelfordSupreme Court of the United States · 1974
  4. Gleason v. ThawSupreme Court of the United States · 1915
  5. 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

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3Cited by13 opinions

  1. MacLeod v. Arcuri (In Re Arcuri)United States Bankruptcy Court, S.D. New York · 1990
  2. At & T Universal Card Services Corp. v. Grayson (In Re Grayson)United States Bankruptcy Court, W.D. Missouri · 1996
  3. Croge v. Katz (In Re Katz)United States Bankruptcy Court, E.D. Pennsylvania · 1996
  4. In Re Stanley Marshall Ellison Kay Dearing Ellison, Debtors. Airlines Reporting Corporation v. Stanley Marshall Ellison Kay Dearing EllisonCourt of Appeals for the Fourth Circuit · 2002
  5. McVay v. Phouminh (In Re Phouminh)United States Bankruptcy Court, D. Colorado · 2005

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