Yi Yan Ye v. Holder

How courts have described this case

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

• explaining that a debtor’s failure to disclose an asset “could be attributed to carelessness, rather than fraudulent intent,” and that a denial of discharge under § 727(a)(4)(A) might therefore be unwarranted
• granting summary judgment denying a discharge where the record is replete with evidence of debtor’s reckless disregard for the truth and debtor did not even attempt to provide truthful information until plaintiffs objected to discharge
• granting summary judgment on a § 727(a)(3) claim where the debtor failed to produce records that provided “information about the source or use of the funds” deposited and withdrawn, and did not provide complete information regarding cash transactions
• “The focus in this analysis is on the fraudulent conduct itself, not the value of the assets in question”
• “[W]hen a plaintiff produces persuasive evidence of a false statement, the burden shifts to the debtor to come forward with evidence to prove that it was not an intentional misrepresentation or provide some other credible explanation.”
• “[W]hen a plaintiff produces persuasive evidence of a false statement, the burden shifts to the debtor to come forward with evidence to prove that it was not an intentional misrepresentation or provide some other credible explanation.”

Source: CourtListener parenthetical corpus (CC0).