Aubrey v. Thomas (In Re Aubrey)

How courts have described this case

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

• holding that when a creditor makes out a prima facie case, the 24 debtor who fails to respond with credible evidence cannot prevail in a § 727 case
• declining to find a debt- or’s “self-serving statement of his intent as the best evidence of that intent”
• under § 727(a)(4)(A), the party objecting to discharge must prove that the debtor’s oath was knowingly and fraudulently made, and that it concerned a material fact
• no evidence supported assertion that transfer was based on a legitimate obligation as opposed to 28 an attempt to put assets beyond creditors’ reach
• no evidence supported assertion that transfer was based on a legitimate obligation as opposed to 28 an attempt to put assets beyond creditors’ reach
• “Fraudulent intent may be determined by circumstantial evidence.”

Source: CourtListener parenthetical corpus (CC0).