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Legal Opinion

Morris Rosen, Debtor v. Karen E. Bezner, Trustee, Morris Rosen

Court of Appeals for the Third Circuit

Decided June 18, 1993No. 92-5303PublishedCited by 263 opinions

1Opinion of the Court

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This is an appeal by a Chapter 7 debtor of an order of the district court affirming a denial of discharge issued by the bankruptcy court pursuant to 11 U.S.C. § 727(a)(2)(A). In granting summary judgment for the trustee, the bankruptcy court relied on the “continuing concealment” doctrine to conclude that the debtor had concealed an asset during the year before bankruptcy with an intent to hinder, delay, or defraud a creditor. For the reasons set forth below, we will reverse and remand for further proceedings.

I

On December 28, 1987, Morris Rosen…

2Cases cited12 opinions

  1. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  2. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  3. J.F. Feeser, Inc. v. Serv-A-Portion, Inc.Court of Appeals for the Third Circuit · 1990
  4. Bankr. L. Rep. P 70,524 in Re Cloyd W. Devers and Barbara Devers, Debtors. Cloyd W. Devers and Barbara Devers v. Bank of Sheridan, MontanaCourt of Appeals for the Ninth Circuit · 1985
  5. In Re Delores C. Brown, Debtor v. Pennsylvania State Employees Credit UnionCourt of Appeals for the Third Circuit · 1988

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3Cited by263 opinions

  1. Wooden v. Board of Regents of the University System of GeorgiaCourt of Appeals for the Eleventh Circuit · 2001
  2. In Re: Milton Keeney, Debtor. Milton W. Keeney v. Mary Jean SmithCourt of Appeals for the Sixth Circuit · 2000
  3. Korte v. United States Internal Revenue Service (In Re Korte)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
  4. In Re Andrew J. Kontrick, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 2002
  5. McCARTHY v. RECORDEX SERVICE, INC.Court of Appeals for the Third Circuit · 1996

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