Cummings v. UST, Phoenix (In re Cummings)

Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
11 years 2 weeks ago

Citation:

Cummings v. UST, Phoenix (In re Cummings), 9th Circuit Court of Appeals No. 12-60077, February 10, 2015 [Not for publication]

Tag(s):

Ruling:

The 9th Circuit affirmed the bankruptcy court’s order denying the debtors' discharge on the ground that the debtors made false oaths within the meaning of section 727(a)(4)(A), when the debtors did not disclose their interest in a corporation until they filed a third amended Schedule B.

Procedural context:

The bankruptcy court entered judgment after trial in favor of the bankruptcy trustee, and the debtors appealed. The BAP affirmed, and the Ninth Circuit also affirmed.

Facts:

The debtors did not disclose their interest in a corporation until they filed a third amended Schedule B. At trial, the Trustee "fully carried its burden of proving by a preponderance of the evidence each of the elements of a section 727(a)(4)(A) claim, i.e., that under the circumstances, debtors’ failure to disclose their interest in First Beacon [the debtor's corporation as debtor property was a “false oath” relating to a material fact made knowingly and fraudulently.

Judge(s):

TALLMAN and RAWLINSON, Circuit Judges, and DEARIE, Senior District Judge.

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