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Experience:  Attorney in the practice of Bankruptcy Law since 1996
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Defendant committed many perjuries on his bankruptcy statements. And

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Defendant committed many perjuries on his bankruptcy statements.
And I got a default court judgment on fraud and breach of contract in a civil case. And defendant violated Section 17(a) under Securities Act.
Can I get some case citations on the above issues to object Ch 7. Bankruptcy?
Submitted: 9 months ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 9 months ago.
A creditor can seek to get a bankruptcy dismissed if the debtor submitted fraudulent information on his or her bankruptcy schedules. Generally, a creditor does this by asserting a violation of 11 U.S.C. 727(a), here, and timely files an Adversary Proceeding seeking to deny discharge. I don't normally see the use of case citations in this situation since the Code's meaning is self-evident. Rather, the plaintiff creditor normally just cites the fraudulent material submitted by the debtor.

Similarly, a creditor may also file an Adversary Proceeding to have the debt owed to that particular creditor deemed non-dischargeable. This is not as comprehensive as an Ad Pro to deny discharge entirely since the creditor isn't trying to block the entire bankruptcy discharge, but just the discharge as it pertains to that particular creditor. In this situation, the creditor normally cites the Code section that shows that the debt owed by the debtor to that creditor is non-dischargeable. For example, 11 U.S.C. 523(a)(2)(A), here, says that debts for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition, are non-dischargeable. If that is the case, the creditor normally asserts the debt is non-dischargeable pursuant to 11 U.S.C. 523(a)(2)(A), and there does not need to be case citations since, if the debt is in fact the kind of debt the creditor asserts, it is non-dischargeable notwithstanding case law. If the Court rules that the debt is non-dischargeable, then the discharge as it pertains to that creditor will not be issued, and that creditor is free to continue to collect on the debt after the bankruptcy.

Another type of non-dischargeable fraud claim is found in 11 U.S.C. 523(a)(4), which says that debts for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny, are not dischargeable.

I don't know if the fraud the debtor committed in your case meets either of those two criteria or not, or if it meets any of the other criteria to be non-dischargeable, but you can peruse 11 U.S.C. 523, here, to see what causes of action you think will apply. There may also be other Code sections giving you causes of action, so I strongly recommend you see an attorney in your jurisdiction to help you fashion an Adversary Proceeding complaint.

In any case, you normally only need case citations to rebut specific defenses the debtor might make. For example, if a creditor says the bankruptcy should be dismissed because the debtor lied about the value of his or her household goods, then the debtor might first say the value they provided was accurate, but even if it wasn't accurate, in Creditor v. So-and-So, the Court found that misrepresenting the value of one's household goods is not sufficient grounds to deny discharge. Then, the creditor would have to go find cases that say that undervaluing one's household goods IS grounds for denying discharge, etc.

In your case, I don't know what the points of contention are, so I can't really help you find case citations to defend your position.

However, for what it's worth, here are some 9th Circuit cases relating to 11 U.S.C. 727(a) adversary proceedings:

In re Adeeb, 787 F. 2dXXXXXof Appeals, 9th Circuit 1986
In re Devers, 759 F. 2dXXXXXof Appeals, 9th Circuit 1985
In re Gruntz, 202 F. 3dXXXXXof Appeals, 9th Circuit 2000
In re Beezley, 994 F. 2dXXXXXof Appeals, 9th Circuit 1993
In re Lawson, 122 F. 3dXXXXXof Appeals, 9th Circuit 1997
In re Padilla, 222 F. 3dXXXXXof Appeals, 9th Circuit 2000
In re Wills, 243 BR 58 - Bankr. Appellate Panel, 9th Circuit 1999
In re Retz, 606 F. 3dXXXXXof Appeals, 9th Circuit 2010

And here are some 9th Circuit cases relating to 11 U.S.C. 523(a)(2)(A):

In re Britton, 950 F. 2dXXXXXof Appeals, 9th Circuit 1991
In re Anastas, 94 F. 3dXXXXXof Appeals, 9th Circuit 1996
In re Eashai, 87 F. 3dXXXXXof Appeals, 9th Circuit 1996
Ragsdale v. Haller, 780 F. 2dXXXXXof Appeals, 9th Circuit 1986
In re Houtman, 568 F. 2dXXXXXof Appeals, 9th Circuit 1978
In re Cecchini, 780 F. 2dXXXXXof Appeals, 9th Circuit 1986
In re Kirsh, 973 F. 2dXXXXXof Appeals, 9th Circuit 1992

Here are some 9th Circuit cases relating to 11 U.S.C. 523(a)(4):

In re Adams, 761 F. 2dXXXXXof Appeals, 9th Circuit 1985
In re Pedrazzini, 644 F. 2dXXXXXof Appeals, 9th Circuit 1981
In re Niles, 106 F. 3dXXXXXof Appeals, 9th Circuit 1997
In re Lewis, 97 F. 3dXXXXXof Appeals, 9th Circuit 1996
In re Hemmeter, 242 F. 3dXXXXXof Appeals, 9th Circuit 2001
In re Teichman, 774 F. 2dXXXXXof Appeals, 9th Circuit 1985

Finally, here are some 9th Circuit cases relating to Securities Act Section 17(a):

Securities & Exch. Com'n v. Murphy, 626 F. 2dXXXXXof Appeals, 9th Circuit 1980
Hollinger v. Titan Capital Corp., 914 F. 2dXXXXXof Appeals, 9th Circuit 1990
In re Washington Pub. Power Supply Sys. Sec. Lit., 823 F. 2dXXXXXof Appeals, 9th Circuit 1987
Hecht v. Harris, Upham & Co., 430 F. 2dXXXXXof Appeals, 9th Circuit 1970
Ellis v. Carter, 291 F. 2dXXXXXof Appeals, 9th Circuit 1961
Stephenson v. Calpine Conifers II, Ltd., 652 F. 2dXXXXXof Appeals, 9th Circuit 1981

I don't know how relevant any of these cases are to you, but by perusing them you will probably spot issues and information that will be helpful in drafting your own documents. Though, as I mentioned earlier, I think it would be wise to hire an attorney. I don't say that because I am an attorney and I'm trying to drum up business for other lawyers, but because these Adversary Proceedings can get very messy and technical, and a mistake can cost you. Also, an attorney can give you an educated guess as to whether it is worth your time and energy to pursue the claim in Bankruptcy Court. Many times, a claim that seems rock solid ends up going nowhere, so I don't want you to throw good money after bad.

If you are happy with my service, please provide a rating. If not, please let me know so l can continue to help you. Thank you and good luck!

Joe

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Experience: Attorney in the practice of Bankruptcy Law since 1996
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