Legal Opinion
Martinez v. Sears (In re Sears)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided March 24, 2017No. BAP No. CO-16-025; Bankr. No. 15-13389; Adv. No. 15-1257PublishedCited by 16 opinions
1Opinion of the Court
Chapter 7
MICHAEL, Bankruptcy Judge.
Financial transparency' is an integral component of our bankruptcy system. A debtor seeking a discharge in a Chapter 7 bankruptcy case has a duty to fully disclose all of her assets and liabilities, to provide sufficient records to explain her business affairs, and to explain where her money went prior to the filing of the bankruptcy case. If a debtor cannot tell her trustee or creditors what happened to her money, or provide records to show where the money went, and a party in interest objects, she does not get a discharge.
In this case, Richard Sears…
2Cases cited27 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- In Re Seymour Chalik, Debtor. Seymour Chalik v. Harold D. Moorefield, Jr., TrusteeCourt of Appeals for the Eleventh Circuit · 1984
- In Re Guy Benny Brown, Debtor. Ronald D. Gullickson v. Guy Benny BrownCourt of Appeals for the Tenth Circuit · 1997
- In the Matter of Malen A. Juzwiak, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1996
- Forrestine D. Lemaire, by and Through Her Conservator, Howard C. Lemaire, and Howard C. Lemaire v. United StatesCourt of Appeals for the Tenth Circuit · 1987
22 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Grassmann v. Brown (In re Brown)United States Bankruptcy Court, W.D. Oklahoma · 2017
- Holley Performance Products, Inc. v. Coppaken (In re Coppaken)United States Bankruptcy Court, D. Kansas · 2017
- Los Alamos National Bank v. Lamey (In re Lamey)United States Bankruptcy Court, D. New Mexico · 2017
- Adam Peeples v. United States Bankruptcy Court for the District of UtahBankruptcy Appellate Panel of the Tenth Circuit · 2018
- Ashlesha Nigam v. United States Bankruptcy Court for the District of ColoradoBankruptcy Appellate Panel of the Tenth Circuit · 2018
11 more not listed; retrieve them via the Exa API.