Aetna Finance Co. v. Martinez (In Re Martinez)

MEMORANDUM OPINION

MARK B. McFEELEY, Bankruptcy Judge.

This matter came before the Court on the Complaint to Determine Dischargeability filed by creditor Aetna Finance Company (Aetna). Aetna alleges that in failing to list Barclays American Financial as a creditor on their bankruptcy petition and in failing to list a debt of $186.00 owed to US Life Title, the debtors made a false oath which, under 11 U.S.C. § 727, bars their discharge.

The facts are these: When the debtors filed their bankruptcy petition, they did not list Barclays American Finance of Clovis, New Mexico, as a creditor. Debtors…