· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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