Legal Opinion
Robin Singh Educational Services, Inc. v. McCarthy (McCarthy)
Bankruptcy Appellate Panel of the First Circuit
Decided March 22, 2013No. BAP No. MB 12-059; Bankruptcy No. 10-11788-JNF; Adversary No. 10-01309-JNFPublishedCited by 30 opinions
1Opinion of the Court
GODOY, Bankruptcy Judge.
Thomas P. McCarthy (the “Debtor”) appeals from the bankruptcy court’s. order denying his discharge pursuant to, §§ 727(a)(2)(B), and 727(a)(8), 727(a)(4).1 The Debtor admits that he omitted assets from his schedules, but contends that he did not have the requisite fraudulent intent because he suffers from attention deficit hyperactivity disorder (“ADHD”), which impairs his working memory. For the reasons set forth below, we AFFIRM.
BACKGROUND
I. The Procedural Background
A. The Bankruptcy Proceedings
In February 2010, the Debtor filed a chapter 13 petition, his schedules…
2Cases cited24 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Bankr. L. Rep. P 71,787 in Re John E. Tully, Debtor. Henry J. Boroff, Trustee in Bankruptcy of John E. Tully v. John E. TullyCourt of Appeals for the First Circuit · 1987
- Palmacci v. UmpierrezCourt of Appeals for the First Circuit · 1997
- Desmond v. Varrasso (In Re Varrasso)Court of Appeals for the First Circuit · 1994
- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
19 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Hannon v. ABCD Holdings, LLCCourt of Appeals for the First Circuit · 2016
- Whitcomb v. Smith (Smith)Bankruptcy Appellate Panel of the First Circuit · 2017
- Mission Product Holdings, Inc. v. Old Cold, LLC (Old Cold, LLC)Bankruptcy Appellate Panel of the First Circuit · 2016
- Wise v. Wise (In re Wise)United States Bankruptcy Court, E.D. Michigan · 2018
- Zizza v. Harrington (In Re Zizza)Court of Appeals for the First Circuit · 2017
25 more not listed; retrieve them via the Exa API.