Legal Opinion
Buckeye Retirement Co. v. Swegan (In Re Swegan)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided March 19, 2008No. 07-8006PublishedCited by 52 opinions
1Opinion of the Court
OPINION
JOSEPH M. SCOTT, JR., Bankruptcy Judge.
Buckeye Retirement Co. (“Buckeye”) appeals the bankruptcy court’s order denying its motion for summary judgment and granting summary judgment in favor of the debtor Ralph Swegan (“Debtor”) on Buckeye’s complaint seeking an order denying the Debtor a discharge pursuant to 11 U.S.C. § 727(a)(2)(A). Because the Panel disagrees with the bankruptcy court’s restrictive application of “concealment” within the context of § 727(a)(2)(A) and determines that a genuine issue of material fact exists as to whether the Debtor had the requisite intent to “hinder,…
2Cases cited39 opinions
- Wilson v. SeiterSupreme Court of the United States · 1991
- Fed. Sec. L. Rep. P 94,768 Phil A. Street and Clyde H. Street v. J.C. Bradford & CompanyCourt of Appeals for the Sixth Circuit · 1990
- United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
- Mingus Constructors, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1987
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
34 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- GMAC Inc. v. Coley (In Re Coley)United States Bankruptcy Court, E.D. Pennsylvania · 2010
- Ng v. Adler (In re Adler)United States Bankruptcy Court, E.D. New York · 2013
- Palmer v. Washington Mutual Bank (In Re Ritchie)Bankruptcy Appellate Panel of the Sixth Circuit · 2009
- United States v. Zhang (In re Zhang)United States Bankruptcy Court, S.D. Ohio · 2012
- Phillips v. Weissert (In Re Phillips)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
47 more not listed; retrieve them via the Exa API.