Legal Opinion

Farmers National Bank v. Yokley (In Re Yokley)

United States Bankruptcy Court, W.D. Kentucky

Decided May 23, 1986No. 19-30321PublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM OPINION

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

Rare is the case in which a bankruptcy court will completely deny a discharge to a bankrupt petitioner. Such an extraordinary measure is justified, we have held, “only where there is a preconceived scheme to thwart the rights of creditors and the processes of this court, or such a cavalier disregard of duty as to constitute the legal equivalent of such motives”. 1 The latter state of affairs, that is, a disregard of the duty of accountability so striking as to create a presumption of wrongful intent, attends this case, as the following…

2Cases cited5 opinions

  1. In Re Seymour Chalik, Debtor. Seymour Chalik v. Harold D. Moorefield, Jr., TrusteeCourt of Appeals for the Eleventh Circuit · 1984
  2. 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
  3. In the Matter of Leland H. Baum, Bankrupt. Leland H. Baum v. Earl Millikin, Inc.Court of Appeals for the Seventh Circuit · 1966
  4. In Re Shapiro & OrnishDistrict Court, N.D. Texas · 1929
  5. West Kentucky Production Credit Ass'n v. Brame (In Re Brame)United States Bankruptcy Court, W.D. Kentucky · 1982

3Cited by14 opinions

  1. Peoples State Rank of Mazeppa v. Drenckhahn (In Re Drenckhahn)United States Bankruptcy Court, D. Minnesota · 1987
  2. G & J Investments v. Zell (In Re Zell)United States Bankruptcy Court, S.D. Ohio · 1989
  3. Olympic Coast Investment, Inc. v. Wright (In Re Wright)United States Bankruptcy Court, D. Montana · 2007
  4. Miami National Bank of Miami v. Hacker (In Re Hacker)United States Bankruptcy Court, W.D. Missouri · 1987
  5. Schilling v. O'Bryan (In Re O'Bryan)United States Bankruptcy Court, W.D. Kentucky · 1999

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