Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Sufficient evidence supported bankruptcy court’s order denying debtor a discharge under 11 U.S.C. Sec. 727(a)(4)(A) where the debtor knowingly and fraudulently made a false oath in connection with the case, which related to a material fact, in his schedules and statement of affairs; debtor’s purported reliance on counsel did not demonstrate a lack of fraudulent intent where it was not in good faith. Where debtor transferred a house to his brother for $60,000 less than the market value within one year before filing his petition, and several badges of fraud were present, sufficient evidence supported denial of discharge under Sec. 727(a)(2)(A) for transferring property to hinder, delay, or defraud a creditor. Sufficient evidence supported denial of discharge under Sec. 727(a)(2)(B) over debtor’s participation in the transfer of his portion of family-owned assets belonging to the bankruptcy estate without notice to the trustee, with the intent to hinder, delay and defraud creditors, regardless of whether estate lost value as a result. Sufficient evidence supported denial of discharge under Sec. 727(a)(5) for failing to explain satisfactorily loss or deficiency of assets where debtor’s schedules and statement of affairs remained inadequate despite his production of over 28,000 pages of records. In re Retz – filed June 4, 2010.

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New bankruptcy case: When a bankruptcy court calculates a Chapter 13 debtor’s “projected disposable income,” the court may account for changes in the debtor’s income or expenses that are known or virtually certain at the time of confirmation, and is not bound by the “mechanical” approach under the Bankruptcy Abuse Prevention and Consumer Protection Act that looks only at the six months preceding the petition. Hamilton v. Lanning – filed June 7, 2010.

Can an Immigrant file bankruptcy? 

Bankruptcy services can get you out of debt

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