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· 5/4/1987

Bankr. L. Rep. P 71,787 in Re John E. Tully, Debtor. Henry J. Boroff, Trustee in Bankruptcy of John E. Tully v. John E. Tully

Citations

  • 818 F.2d 106
  • 1987 U.S. App. LEXIS 5728

How courts have described this case

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

  • concluding that dealing with factual minutiae of case would serve no purpose given ample evidence in record to support bankruptcy judge’s conclusion that debtor exhibited reckless indifferent to the truth
  • stressing that sworn statements in bankruptcy schedules “must be regarded as serious business” because “the system will collapse if debtors are not forthcoming”
  • holding materiality element satisfied when subject matter of false oath “concerns the discovery of assets ... or the existence and disposition of property.”
  • stating that “[i]n bankruptcy administration, the system will collapse if debtors are not forthcoming”
  • holding materiality element satisfied when subject matter of false oath “bears a relationship to the bankrupt’s business transactions or estate, or concerns the discovery of assets, business dealings, or the existence and disposition of property.”
  • noting that \reckless indifference to\ the truth is treated as the \functional equivalent of fraud for the purposes of [denying discharge to a debtor under 11 U.S.C.] § 727(a)(4)(A).\

Source: CourtListener parenthetical corpus (CC0).

Judges: Campbell, Bownes, Selya

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.