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United States Trustee v. Garland (In Re Garland)

Bankruptcy Appellate Panel of the Tenth Circuit

Decided September 18, 2009No. BAP No. EO-08-040. Bankruptcy No. 05-73573. Adversary No. 06-08044PublishedCited by 59 opinions

1Opinion of the Court

OPINION

THURMAN, Bankruptcy Judge.

The debtor, James Clinton Garland (“Debtor”), appeals the Bankruptcy Court’s order denying him a discharge pursuant to 11 U.S.C. § 727(a)(2), (a)(4)(A), and (a)(5). 1 We affirm.

I. BACKGROUND

Debtor is a lawyer who is now mostly retired from legal practice, but who once represented plaintiffs in complex class-action litigation. He filed his petition for Chapter 7 bankruptcy relief on August 25, 2005. 2 In his Statement of Financial Affairs (“SOFA”) and his schedules, Debtor represented that he had minimal personal property and income, no interest in real…

2Cases cited18 opinions

  1. Exxon Mobil Corp. v. Saudi Basic Industries Corp.Supreme Court of the United States · 2005
  2. In Re Seymour Chalik, Debtor. Seymour Chalik v. Harold D. Moorefield, Jr., TrusteeCourt of Appeals for the Eleventh Circuit · 1984
  3. In Re Guy Benny Brown, Debtor. Ronald D. Gullickson v. Guy Benny BrownCourt of Appeals for the Tenth Circuit · 1997
  4. Nasser Ali Farouki v. Emirates Bank International, Limited, and Ron Cerino Enterprise Management, IncorporatedCourt of Appeals for the Fourth Circuit · 1994
  5. Farmers Co-Operative Association of Talmage, Kansas v. Tim Aaron StrunkCourt of Appeals for the Tenth Circuit · 1982

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3Cited by59 opinions

  1. Premier Capital, LLC v. Crawford (In Re Crawford)Court of Appeals for the First Circuit · 2016
  2. George Gordon, Jr. v. United States Bankruptcy Court for the Northern District of OklahomaBankruptcy Appellate Panel of the Tenth Circuit · 2015
  3. Blackwell Oil Co. v. Potts (In re Potts)United States Bankruptcy Court, D. Colorado · 2013
  4. William Wagner v. United States Bankruptcy Court for the District of ColoradoBankruptcy Appellate Panel of the Tenth Circuit · 2015
  5. Davis v. Osborne (In re Osborne)United States Bankruptcy Court, D. Kansas · 2012

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