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· 2/20/2015

William Wagner v. United States Bankruptcy Court for the District of Colorado

Citations

  • 527 B.R. 416

How courts have described this case

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

  • applying, without comment, clear error review to findings of fact regarding false oaths within the meaning of § 727(a)(4)(A)
  • creditor asserting exception to discharge bears burden of proving the elements of the exception by a preponderance of the evidence
  • due to bankruptcy's “fresh start” objective, exceptions to discharge are narrowly construed, and doubt is resolved in favor of the debtor
  • review a bankruptcy court’s determination of justifiable reliance for clear error
  • “A decision whether to grant or deny a discharge pursuant to . . . § 727(a) is in the sound discretion of the bankruptcy court, and a bankruptcy court’s denial of discharge is therefore reviewed for abuse of discretion.”
  • “Justifiable reliance is not a high standard.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Thurman, Cornish, Jacobvitz

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.