Now Updating

Summarizing by Amir Shachmurove

J&R Investment v. Anthony (In re Anthony)

J&R Investment v. Anthony (In re Anthony), Case No. 15-4161 (10th Cir. Aug. 29, 2016)
Bankruptcy court did not err in its determination that (1) plaintiff did not meet is prima facie case for revocation of discharge, (2) that the burden of persuasion did not shift to the defendant upon presentation of a prima facie case, or (3) in factual findings relating to the "reckless indifference to the truth."
Procedural context:
On appeal from an order of the United States District Court for the District of Utah affirming the judgment of the United States Bankruptcy Court for the District of Utah.
Pro se debtor filed a voluntary chapter 7 petition and received a general discharge. Judgment creditor of the debtor filed a complaint seeking revocation of the discharged based upon inconsistencies between the debtor's tax returns and his pro se petition. Specifically the inconsistencies had to do with ownership of a defunct company and two pre-petition check payments to the debtor.
Hartz, Murphy, and Phillips

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