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