One reason that a judge can deny or revoke a bankruptcy discharge is that the debtor lied about certain information in t
Posted: Sun May 29, 2022 5:57 pm
One reason that a judge can deny or revoke a bankruptcy
discharge is that the debtor lied about certain information in the
bankruptcy process. However, does that apply even if the
information that was lied about turned out to be irrelevant? For
example:
During Fiona's bankruptcy proceeding, she was asked whether she
had ever been sued. Fiona responded that she had not. In fact,
Fiona had once been sued for intentional infliction of emotional
distress after a rather embarrassing incident that Fiona would
rather not discuss. Therefore, she lied about never having been
sued. It turns out that the referenced suit had been settled early
in the case and the whole incident was many years ago and has no
financial impact whatsoever on Fiona today. Fiona's debts were
discharged in bankruptcy after the proceeding.
What if the creditors of the bankruptcy or the trustee want the
discharge to be revoked because of Fiona's lie?
Should the judge revoke the discharge because of the lie even
though it would not have had any impact on the case?
Review and cite the following case and find relevant citations
in the U.S. Bankruptcy Code to support your argument.
Dale Alleman v. Brett J. Kitson, 341 Fed. Appx. 234 (7th Cir.
2009)
A full IRAC essay is appropriate for this assignment but
is not necessary. You can answer probably construct a good answer
in three to five well-organized paragraphs.
discharge is that the debtor lied about certain information in the
bankruptcy process. However, does that apply even if the
information that was lied about turned out to be irrelevant? For
example:
During Fiona's bankruptcy proceeding, she was asked whether she
had ever been sued. Fiona responded that she had not. In fact,
Fiona had once been sued for intentional infliction of emotional
distress after a rather embarrassing incident that Fiona would
rather not discuss. Therefore, she lied about never having been
sued. It turns out that the referenced suit had been settled early
in the case and the whole incident was many years ago and has no
financial impact whatsoever on Fiona today. Fiona's debts were
discharged in bankruptcy after the proceeding.
What if the creditors of the bankruptcy or the trustee want the
discharge to be revoked because of Fiona's lie?
Should the judge revoke the discharge because of the lie even
though it would not have had any impact on the case?
Review and cite the following case and find relevant citations
in the U.S. Bankruptcy Code to support your argument.
Dale Alleman v. Brett J. Kitson, 341 Fed. Appx. 234 (7th Cir.
2009)
A full IRAC essay is appropriate for this assignment but
is not necessary. You can answer probably construct a good answer
in three to five well-organized paragraphs.