· 9/15/1987
Bankr. L. Rep. P 71,991 Chester D. Williamson v. Fireman's Fund Insurance Company
Citations
- 828 F.2d 249
- 1987 U.S. App. LEXIS 12214
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the “determination concerning fraudulent intent depends largely upon an assessment of the credibility and demeanor of the debtor”
- both noting that in proceeding under 727(a)(4)(A) “a debtor is unlikely to testify directly that his intent was fraudulent ...”
- “the problems inherent in ascertaining whether a debtor has acted with fraudulent intent are obvious.”
- “determination concerning fraudulent intent depends largely upon an assessment of the credibility and demeanor of the debtor”
- both noting that trial court may infer fraudulent intent under 727(a)(4)(A) from all facts and circumstances in case, given difficulty of relying only on debtor’s testimony on state of mind
- “[A] determination concerning fraudulent intent depends largely on an assessment of the credibility and demeanor of the debtor ... .”
Source: CourtListener parenthetical corpus (CC0).
Judges: Phillips, Ervin, Wilkinson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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