Wagner v. Wagner (In re Wagner)
- Summarized by Eric Madden , Reid Collins & Tsai LLP
- 9 years 8 months ago
- Citation:
- Wagner v. Wagner (In re William Philip Wagner), No. CO-13-043 (B.A.P. 10th Cir. 2015) (unpublished)
- Tag(s):
-
- Ruling:
- The Tenth Circuit Bankruptcy Appellate Panel determined that bankruptcy court's findings in support of its decision to deny the debtor's discharge were not clearly erroneous and, therefore, affirmed its decision.
- Procedural context:
- The bankruptcy court found that the debtor's debt to the plaintiff was non-dischargeable under 11 U.S.C. § 523(a)(2)(A) and denied the debtor's bankruptcy discharge under 11 U.S.C. § 727(a)(4). The debtor appealed that ruling.
- Facts:
- This case involved an intra-familial dispute between a son (the debtor) and his father (the plaintiff). They had agreed that the debtor would obtain a loan using the plaintiff's lakefront cabin as collateral. The debtor obtained the loan, but defaulted on it approximately one year later. Pursuant to a settlement agreement with the plaintiff, the debtor agreed to refinance the loan, but then failed to do so. As a result, the plaintiff obtained an agreed judgment against the debtor under their settlement agreement.
In the debtor's subsequent bankruptcy case, the plaintiff objected to discharge under sections 523(a)(2)(A) (fraud) and 727(a)(4)(A) (false oath). The bankruptcy court found the debtor's debt to the plaintiff to be non-dischargeable under section 523 based on the debtor's intentionally false representation to the plaintiff that he would sell his residence and use $100,000 of the equity to immediately pay down the loan secured by the plaintiff's cabin. The bankruptcy court denied the debtor's bankruptcy discharge under 727 because the debtor had failed to disclose a joint bank account in his bankruptcy filings.
- Judge(s):
- Hon. William T. Thurman, Hon. Tom R. Cornish, and Hon. Robert H. Jacobvitz
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