Kaler v. Charles (In re Charles)
- Summarized by Lars Fuller , BakerHostetler
- 13 years 7 months ago
- Citation:
- Kaler v. Charles (In re Charles), No. 12-6016 (B.A.P. 8th Cir. July 16, 2012)
- Tag(s):
-
- Ruling:
- Affirming bankruptcy court's denial of debtor's discharge under section 727(a)(4)(A) (debtor knowingly or fraudulently made a false oath).
- Procedural context:
- Debtor appealed bankruptcy court's denial of his discharge under section 727(a)(4)(A) to Bankruptcy Appellate Panel ("BAP") following trial verdict for plaintiff/Chapter 7 trustee. BAP affirmed bankruptcy court.
- Facts:
- Trustee filed complaint seeking to deny debtor's discharge, alleging that debtor knowingly and fraudulently made a false oath in his bankruptcy schedules and Statement of Financial Affairs by (a) undervaluing his house; (b) undervaluing his interest in an entity known as "Tru Wall"; (c) undervaluing his interest in an entity known as "Tri-Star"; and (d) omitting income from two years prepetition. At trial, the court found that the assets were undervalued and income omitted, for which the debtor did not credibly account. Trial court found neither debtor nor debtor's witness credible regarding $1 valuation of both Tru Wall and Tri-Star based on income and assets of entities. BAP affirmed, citing deferral to trial court's determination of witness credibility and sufficient evidence in record to support trial court's ruling.
- Judge(s):
- Bankruptcy Court (trial): Shon Hastings (D.N.D.);
B.A.P. 8th Circuit (appeal): Hon. Barry Schermer (author of opinion), Hon. Robert Kressel (Chief Judge), and Hon. Jerry Venters
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