Legal Opinion

In Re Alan Bernard, Linda Bernard, Debtors. Alan Bernard, Linda Bernard v. Clement Sheaffer, Mary Sheaffer

Court of Appeals for the Ninth Circuit

Decided September 25, 1996No. 94-56504PublishedCited by 93 opinions

1Opinion of the Court

Opinion by Judge TROTT; Dissent by Judge O’SCANNLAIN.

TROTT, Circuit Judge:

Alan Bernard and his wife Linda argue that the district court erred when it affirmed the bankruptcy court’s decision to deny discharge of the Bernards’ debts under 11 U.S.C. § 727(a)(2)(A), which provides that a bankruptcy court should not grant discharge where “... the debtor, with intent to hinder, delay, or defraud a creditor ... has transferred, removed, destroyed, mutilated, or concealed ... property of the debtor, within one year before the date of the filing of the petition....” We affirm the district court…

2Cases cited4 opinions

  1. Barnhill v. JohnsonSupreme Court of the United States · 1992
  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 C. Ritchey SmileyCourt of Appeals for the First Circuit · 1989
  4. Wen Chang v. Redding Bank of CommerceCalifornia Court of Appeal · 1994

3Cited by93 opinions

  1. Retz v. Samson (In Re Retz)Court of Appeals for the Ninth Circuit · 2010
  2. Fogal Legware of Switzerland, Inc. v. Wills (In Re Wills)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  3. Jodoin v. Samayoa (In Re Jodoin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  4. Tavenner v. SmootCourt of Appeals for the Fourth Circuit · 2001
  5. Freelife International, LLC v. Butler (In Re Butler)United States Bankruptcy Court, D. Utah · 2006

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