Legal Opinion
Chi. Patrolmen's Fed. Credit Union v. Maxwell (In re Maxwell)
United States Bankruptcy Court, N.D. Illinois
Decided March 6, 2019No. Bankruptcy No. 15 B 36715; Adversary No. 17 A 00480PublishedCited by 4 opinions
1Opinion of the Court
Donald R. Cassling, United States Bankruptcy Judge
Debtor Robert Kevin Maxwell ("Debtor") received his discharge on July 5, 2016. One of his creditors, the Chicago Patrolmen's Federal Credit Union (the "Credit Union"), now seeks to revoke that discharge under 11 U.S.C. § 1328(e), based on Debtor's failure to amend his Schedules to disclose his receipt of a large litigation settlement during the bankruptcy. Because the Credit Union has failed to prove by a preponderance of the evidence that Debtor acted with fraudulent intent, the Court will not revoke Debtor's discharge.
BACKGROUND
Debtor…
2Cases cited17 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Grogan v. GarnerSupreme Court of the United States · 1991
- Wachovia Bank, National Ass'n v. SchmidtSupreme Court of the United States · 2006
- Dyer v. MacDougallCourt of Appeals for the Second Circuit · 1952
- In the Matter of Daniel J. Yonikus and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YonikusCourt of Appeals for the Seventh Circuit · 1992
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3Cited by4 opinions
- Goldstein v. Zilberbrand (In re Zilberbrand)United States Bankruptcy Court, N.D. Illinois · 2019
- Bruce Wayne TerEickUnited States Bankruptcy Court, E.D. Virginia · 2023
- Bruce Wayne TerEickUnited States Bankruptcy Court, E.D. Virginia · 2023
- Lashinsky v. PenningtonUnited States Bankruptcy Court, D. Kansas · 2025