IN RE: DONALD C. KUPPERSTEIN
- Case Type:
- Case Status:
- 22-1287 (1st Circuit, Feb 22,2023) Published
- The First Circuit affirmed the bankruptcy court (D. Mass.) which granted Appellees’ Motion for Summary Judgment on the count for a denial of discharge due to a false oath under 11 U.S.C. § 727(a)(4)(A). Additionally, the First Circuit found that the bankruptcy court did not abuse its discretion in denying leave for a late response to Appellees’ statement of facts.
- Procedural context:
- The Debtor moved for summary judgment and Appellees responded with a joint cross-motion. The Debtor did not file a timely response to Appellees' statement of facts and the bankruptcy court denied leave for a late response because it had already taken the motions under advisement.
The bankruptcy court determined that the Debtor knowingly made materially false oaths in both his SOFA and Schedule A/B and thus granted Appellees’ motion and denied the Debtor’s. As a result, the Debtor’s discharge was denied. The Debtor appealed to the district court, which affirmed the bankruptcy court. Afterwards, the Debtor appealed to the First Circuit, which reviewed de novo the grant of summary judgment and reviewed for abuse of discretion the denial of leave for a late response.
- In the wake of Debtor’s multiple violations of judgments and orders of Massachusetts state courts, he filed in bankruptcy court a voluntary petition for relief under Chapter 7 of the Bankruptcy Code.
In his SOFA, the Debtor did not disclose income that he declared in his federal income tax returns. Similarly, in the Debtor’s Schedule A/B, the Debtor did not include a mortgage that he was granted over real property, which appeared in the city of Boston’s registry of deeds.
Appellees initiated an Adversary Proceeding against the Debtor which sought a denial of discharge due to a false oath under 11 U.S.C. § 727(a)(4)(A) as well as an exception to discharge under 11 U.S.C. 523.
- Selya and Lynch, Circuit Judges, and McElroy, District Judge.
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