Freelife International, LLC v. Butler (In Re Butler)

How courts have described this case

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

• “In exchange for that ‘fresh start,’ the Code requires debtors to accurately and truthfully present themselves before the court.”
• “exceptions to discharge are to be construed strictly against a creditor and liberally in favor of the debtor”
• Debtor’s petition, schedules, statement of financial affairs, statements made at creditors meeting, and testimony given at a Rule 2004 examination all constitute statements under oath.
• “[W]hether under § 727(a)(2) or (a)(4)(A), the intent to defraud requisite under 11 U.S.C. § 727 must be shown for each debtor....[T]he Code does not allow attribution of intent from spouse to spouse.”
• “[R]eckless indifference to the truth” is “the functional equivalent of fraud[.]”
• “As the statutory language makes clear, denial of discharge ‘need not rest on a finding of intent to defraud. Intent to hinder or delay is sufficient.’” (quoting Bernard v. Sheaffer (In re Bernard), 96 F.3d 1279, 1281 (9th Cir. 1996))

Source: CourtListener parenthetical corpus (CC0).