Nguyen v. Nguyen (In re Nguyen)

BAP No. CC-13-1192-TaKuPa (B.A.P. 9th Cir. Mar. 10, 2014)
Affirming the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that (A) the bankruptcy court did not violate Appellants' due process rights when it admitted two sets of the Debtor's bank records into evidence at trial over their objection; and (B) the bankruptcy court did not err in determining (i) that the Debtor's failure to preserve physical records was justified under the circumstances, such that denial of discharge under section 727(a)(3) was not warranted and (ii) that the Debtor did not make a false oath when she failed to disclose certain information in her Statement of Financial Affairs, such that denial of discharge under section 727(a)(4)(A) was not warranted.
Procedural context:
Appeal from judgment of the bankruptcy court for the Central District of California in favor of the Debtor on Appellants' objection to discharge claims pursuant to section 727(a)(3) and 727(a)(4)(A).
Appellants objected to the Debtor's discharge. They alleged that the Debtor omitted certain income from her Statement of Financial Affairs; falsely stated that she was unemployed in the 60 days prior to filing her chapter 7 petition; falsely stated that she had no current income; failed to identify the source of income listed in her form B22A; and failed to produce bank statements from a personal bank account as requested through formal discovery.

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