Gepner v. Kidd (In re Kidd)
- Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
- 9 years 2 months ago
- Citation:
- Gepner v. Kidd (In re Kidd), Case No. KS-14-065 (10th Cir. B.A.P. October 23, 2015)(Unpublished)
- Tag(s):
-
- Ruling:
- The bankruptcy court's finding that the appellant failed to prove all necessary elements of actual fraud or actual fraudulent intent under sections 727(a)(2) and (4) was supported by the record and was not clearly erroneous.
- Procedural context:
- Appeal from the bankruptcy court for the District of Kansas granting judgment to the debtor on appellant's adversary complaint to deny discharge under sections 727(a)(2) or (4).
- Facts:
- Pre-petition, the debtor inherited funds as the result of the death of her husband and other relatives. The debtor and her son transferred funds into joint accounts and ultimately into an accounts owned solely by the son after they believed the debtor had spent her portion. Debtor did not disclose the transfers or all accounts in which she held or had held a joint interest with her son. Appellant is debtor's sole unsecured creditor and sought denial of discharge for fraud and/or a fraudulent oath under sections 727(a)(2) and (4).
- Judge(s):
- Thurman, Jacobvitz, Hall
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