Ajaka v. BrooksAmerica Mortgage Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that a debtor has a duty to “disclose all assets, or potential assets, to the bankruptcy court”
• explaining that a debtor’s duty to disclose extends to all potential assets
• noting that a Chapter 13 debtor “must disclose all assets, or potential assets, to the bankruptcy court[,]” and “[t]he duty to disclose is a continuing one that does not end once the forms are submitted to the bankruptcy court”
• explaining that the duty to disclose under 11 U.S.C. §§ 521(1) and 541(a)(7) “is a continuing one that does not end once the forms are submitted to the bankruptcy court; rather, a debtor must amend his financial statements if circumstances change”
• stating that “two primary factors,” though “not inflexible or exhaustive,” are that (1) “the allegedly inconsistent positions must have been taken under oath in a prior proceeding,” and (2) “they must have been calculated to make a mockery of the judicial system”
• applying a continuing duty to disclose a claim under the Truth in Lending Act that debtor first became aware of after confirmation of his Chapter 13 plan

Source: CourtListener parenthetical corpus (CC0).