To deny a discharge, a creditor must prove by a preponderance of the evidence that a debtor knowingly and fraudulently made an oath relating to a material fact.
A debtor appeals the denial of his bankruptcy discharge, arguing that the bankruptcy court erred in finding fraudulent intent based on a pre-petition security interest transfer, omitted assets, and failure to keep records. The court must determine whether the creditor proved the debtor knowingly and fraudulently made false oaths or transferred property with intent to defraud. The court applies the rule that the Bankruptcy Code is construed liberally in favor of the debtor and strictly against the creditor. It holds that a debtor’s voluntary disclosure of omitted material is strong evidence against fraudulent intent, and that a security interest granted for legitimate business purposes does not evince fraud. The court reverses the denial of discharge under sections 727(a)(2)(A) and (a)(4)(A), but affirms the district court’s reversal regarding the failure to keep records under section 727(a)(3).
At page 1292 Interpreting the bankruptcy code liberally for debtors76 citing casesacknowledging generally “that the Bankruptcy Code must be construed liberally in favor of the debtor and strictly against the creditor.
- Harry Monroe Ashwood, V & Stacie Marie Ashwood, No. 24-11378 (Bankr. N.D. Okla. Sept. 30, 2025). But counsel’s statements add further support to the Court’s conclusion that the omissions from the SOFA were not intentionally or fraudulently made by Debtors to conceal the transaction from the Trustee. 75 See In re Brown, 108 F.3d at 129…
- Lashinsky v. Holman, No. 21-01031 (Bankr. D.N.M. Feb. 7, 2024). (The Bankruptcy Code must be construed . . . strictly against the creditor.)
- SE Prop. Holdings, LLC v. Stewart, No. 16-01087 (Bankr. W.D. Okla. Aug. 3, 2022). First National Bank of Gordon v. Serafini (In re Serafini), 938 F.2d 1156, 1157 (10th Cir. 1991) (standard of proof under 727(a)(2) is preponderance of the evidence, not clear and convincing evidence); Gullickson v. Brown, (In re Brown), 1…
- Arma Yates, L.L.C. v. Robertson, No. 18-02059 (Bankr. D. Utah Feb. 17, 2022). Specifically, the Debtor testified about his significant legal troubles around the time of the sale, including pending actions against him and his businesses by Plaintiffs and government agencies.95 He also testified about his serious medi…
- Lashinsky, United States Tr. v. Webb, No. 18-01008 (Bankr. N.D. Okla. July 2, 2019). See also In re Brown, 108 F.3d at 1294 (“In order to deny a debtor’s discharge pursuant to this provision [§ 727(a)(4)(A)], a creditor must demonstrate by a preponderance of the evidence that the debtor knowingly and fraudulently made an o…
- Stewart, No. 16-01087 (Bankr. W.D. Okla. July 2, 2026). (acknowledging generally “that the Bankruptcy Code must be construed liberally in favor of the debtor and strictly against the creditor.)
- Craig, No. 25-01012 (Bankr. D. Colo. May 19, 2026).Gullickson v. Brown (In re Brown), 108 F.3d 1290, 1292-93 (10th Cir. 1997).
- Cadlerock v. Wheeler, No. 24-6215 (10th Cir. Sept. 16, 2025).unpublishedGullickson v. Brown (In re Brown), 108 F.3d 1290, 1292 (10th Cir. 1997).
- Curt Ranta v. Marc Krigsman, No. 24-021 (B.A.P. 10th Cir. Sept. 3, 2025).publishedThis deferential standard of review is based on the fact that a trial court is “in a superior position to judge the witnesses’ credibility and the weight to be given their testimony, since the [bankruptcy] court could see the witnesses whe…
- Lashinsky, United States Tr. v. Medina, No. 21-01034 (Bankr. N.D. Okla. July 26, 2023). See also Grogan v. Garner, 498 U.S. 279 (1991): First Nat’l Bank v. Serafini (In re Serafini), 938 F.2d 1156, 1157 (10th Cir. 1991). 32 Martinez v. Sears (In re Sears), 565 B.R. 184, 189 (10th Cir. BAP 2017) (footnotes omitted). 33 Gullick…
Show 62 more citing cases
- Colarelli Constr., Inc. v. Young, No. 20-01280 (Bankr. D. Colo. July 13, 2022).In re Brown, 108 F.3d 1290, 1292-93 (10th Cir. 1997).
- Davis v. Baker, No. 20-05006 (Bankr. D. Kan. May 20, 2021). In light of the Court’s decision today, the Rule 52(c) motion for judgment on partial findings is moot. 21 Mathai, et al v. Warren (In re Warren), 512 F.3d 1241, 1249 (10th Cir. 2008) (citing Gullickson v. Brown (In re Brown), 108 F.3d 129…
- Manchester v. Easly, No. 20-01071 (Bankr. W.D. Okla. Feb. 1, 2021).When determining whether to deny a debtor his discharge, a court must construe the Bankruptcy Code “liberally in favor of the debtor and strictly against the creditor.” Mathai v. Warren (In re Warren), 512 F.3d 1241, 1248 (10" Cir. 2008) (…
- Saleem Shaikh v. United States Bankr. Court for the E. Dist. of Oklahoma, No. 20-12 (B.A.P. 10th Cir. Nov. 23, 2020).publishedThe preeminent case discussing the confirmation 13 Anstine v. Car Zeiss Meditec AG (In re U.S. Med., Inc.), 531 F.3d 1272, 1275 (10th Cir. 2008) (citing Gullickson v. Brown (In re Brown), 108 F.3d 1290, 1292 (10th Cir. 1991)). 14 Hamilton…
- Lashinsky v. Reichmeier, No. 18-06072 (Bankr. D. Kan. Apr. 15, 2020).It is not necessary to show that there is no conceivable way to ascertain the financial condition of the debtor.26 A debtor’s records are insufficient if courts and creditors are required to speculate about the debtor’s financial history o…
- Lashinsky v. Amphone, No. 18-05083 (Bankr. D. Kan. Feb. 24, 2020).Judgment will be entered for the defendant on the UST’s Complaint. # # # 97 In re Brown, 108 F.3d 1290, 1292 (10th Cir. 1997). 98 Lee v. Peeples (In re Peeples), No. 18-4124, 779 F. App'x 561 , 567 (10th Cir. 2019), quoting Jones v. Gertz,…
- Oklahoma DHS Child Support Servs. v. Bryan, No. 18-01050 (Bankr. N.D. Okla. Jan. 15, 2020). Section 727(a)(3) reads as follows: The court shall grant the debtor a discharge, unless– * * * (3) the debtor has concealed, destroyed, mutilated, falsified, or failed to keep or preserve any recorded information, including books, documen…
- Lee v. Peeples, No. 18-4124 (10th Cir. Aug. 12, 2019).unpublishedBut this argument misses the larger issue—whether the failure to preserve the ledger was grounds to deny the Debtors a discharge. 6 In deciding whether to deny a debtor a discharge, “the Bankruptcy Code must be construed liberally in favor…
- City of Chicago v. Robbin L. Fulton, No. 18-2527 (7th Cir. June 19, 2019).published“We construe the Bank‐ ruptcy Code ‘liberally in favor of the debtor and strictly against the creditor.’” Village of San Jose v. McWilliams, 284 F.3d 785, 790 (7th Cir. 2002) (quoting In re Brown, 108 F.3d 1290, 1292 (10th Cir. 1997)).
- City of Chicago v. Timothy Shannon, No. 18-3023 (7th Cir. June 19, 2019).published“We construe the Bank‐ ruptcy Code ‘liberally in favor of the debtor and strictly against the creditor.’” Village of San Jose v. McWilliams, 284 F.3d 785, 790 (7th Cir. 2002) (quoting In re Brown, 108 F.3d 1290, 1292 (10th Cir. 1997)).
- Banner Bank v. Robertson, No. 18-4060 (10th Cir. May 29, 2019).unpublishedGullickson v. Brown (In re Brown), 108 F.3d 1290, 1292 (10th Cir. 1997).
- Layng v. Rael, No. 18-8026 (10th Cir. Dec. 7, 2018).unpublishedGullickson v. Brown (In re Brown), 108 F.3d 1290, 1292 (10th Cir. 1997).
- Ashlesha Nigam v. United States Bankr. Court for the Dist. of Colorado, No. 17-45 (B.A.P. 10th Cir. Aug. 9, 2018).publishedCo., N.A., of Tulsa (In re Durability, Inc.), 893 F.2d 264, 266 (10th Cir. 1990) (“the appropriate ‘judicial unit’ for application of [ ] finality requirements in bankruptcy is not the overall case, but rather the particular adversary proc…
- Adam Peeples v. United States Bankr. Court for the Dist. of Utah, No. 18-3 (B.A.P. 10th Cir. July 16, 2018).published Failure to Keep Records - § 727(a)(3) As we recently reiterated in Martinez v. Sears (In re Sears), a prima facie case under § 727(a)(3) requires a creditor or trustee to show that the “debtor ‘failed to maintain and preserve adequate reco…
- Suddarth v. Arcadia Fin., No. 99-5036 (10th Cir. Dec. 10, 1999).unpublished
- Sender v. Bronze Grp., LTD., 380 F.3d 1292 (10th Cir. 2004).published
- Martinez v. Los Alamos Nat'l Bank (In Re Martinez), 126 F. App'x 890 (10th Cir. 2005).unpublished
- Mathai v. Warren (In Re Warren), 512 F.3d 1241 (10th Cir. 2008).published
- Anstine v. Carl Zeiss Meditec AG (In Re U.S. Med., Inc.), 531 F.3d 1272 (10th Cir. 2008).published
- Rafter Seven Ranches L.P. v. C.H. Brown Co. (In Re Rafter Seven Ranches L.P.), 546 F.3d 1194 (10th Cir. 2008).published
- Johnson v. Riebesell (In Re Riebesell), 586 F.3d 782 (10th Cir. 2009).published
- In Re: Milton Keeney, Debtor. Milton W. Keeney v. Mary Jean Smith, 227 F.3d 679 (6th Cir. 2000).published
- Vill. of San Jose, a Mun. Corp. v. Daniel L. McWilliams & Ida M. McWilliams Debtors-Appellees, 284 F.3d 785 (7th Cir. 2002).published
- Henning v. Mellor (In Re Mellor), 226 B.R. 451 (D. Colo. 1998).published
- Freelife Int'l, LLC v. Butler (In Re Butler), 377 B.R. 895 (Bankr. D. Utah 2006).published
- Jurgensen v. Chalmers, 248 B.R. 94 (W.D. Mich. 2000).published
- Lincoln Nat'l Life Ins. v. Silver (In Re Silver), 367 B.R. 795 (Bankr. D.N.M. 2007).published
- Shangraw v. Etcheverry (In Re Etcheverry), 242 B.R. 503 (D. Colo. 1999).published
- Arvest Bank v. Green (In Re Green), 355 B.R. 302 (Bankr. E.D. Okla. 2006).published
- Rafter Seven Ranches LP v. Brown (In Re Rafter Seven Ranches LP), 362 B.R. 25 (B.A.P. 10th Cir. 2007).published
- McVay v. Phouminh (In Re Phouminh), 339 B.R. 231 (Bankr. D. Colo. 2005).published
- Buckeye Ret. Props. of Indiana, LLC v. Tauber (In Re Tauber), 349 B.R. 540 (Bankr. N.D. Ind. 2006).published
- Richardson v. Hidy Honda, Inc. (In Re Richardson), 221 B.R. 956 (D. Wyo. 1998).published
- McVay v. Perez (In Re Perez), 411 B.R. 386 (D. Colo. 2009).published
- Worster v. Gauvreau (In Re Gauvreau), 375 B.R. 14 (Bankr. D. Me. 2007).published
- Ford v. Gillman (In Re Ford), 336 B.R. 813 (B.A.P. 10th Cir. 2006).published
- Carl Zeiss Meditec AG v. Anstine (In Re U.S. Med., Inc.), 370 B.R. 340 (B.A.P. 10th Cir. 2007).published
- Bank One v. Kallstrom (In Re Kallstrom), 298 B.R. 753 (B.A.P. 10th Cir. 2003).published
- BTE Concrete Formwork, LLC v. Arbaney (In Re Arbaney), 345 B.R. 293 (Bankr. D. Colo. 2006).published
- Bass v. Kennedy (In Re Parsons), 272 B.R. 735 (D. Colo. 2001).published
- Town of Skaneateles v. Scott (In Re Scott), 233 B.R. 32 (Bankr. N.D.N.Y. 1998).published
- Wieland v. Miller (In Re Miller), 448 B.R. 551 (Bankr. N.D. Okla. 2011).published
- Cirilli v. Bronk (In Re Bronk), 444 B.R. 902 (Bankr. W.D. Wis. 2011).published
- First Nat'l Bank v. Woods (In Re Woods), 743 F.3d 689 (10th Cir. 2014).published
- Weinman v. Walker, 542 B.R. 888 (10th Cir. 2015).published
- Lynn Martinez v. United States Bankr. Court for the Dist. of Colorado, No. 16-25 (B.A.P. 10th Cir. Mar. 24, 2017).published
- Bryan v. Clark, 857 F.3d 1078 (10th Cir. 2017).published
- Joe Sotelo v. United States Bankr. Court for the E. Dist. of Oklahoma, No. 16-32 (B.A.P. 10th Cir. June 26, 2017).published
- Steffensen v. Hunt (In re Steffensen), 567 B.R. 188 (D. Utah 2016).published
- Rebein v. Cornerstone Creek Partners, LLC, 842 F.3d 1293 (10th Cir. 2016).published
- Manning v. Watkins (In re Watkins), 474 B.R. 625 (Bankr. N.D. Ind. 2012).published
- NJL Investments, LLC v. Smart (In re Smart), 481 B.R. 79 (Bankr. N.D. Okla. 2012).published
- In the Paint, LLC v. Archibald (In re Archibald), 482 B.R. 378 (Bankr. D. Utah 2012).published
- United States v. Fletcher (In re Fletcher), 489 B.R. 224 (Bankr. N.D. Okla. 2013).published
- Los Alamos Nat'l Bank v. Wreyford (In re Wreyford), 505 B.R. 47 (Bankr. D.N.M. 2014).published
- Finkel v. Polichuk (In re Polichuk), 506 B.R. 405 (Bankr. E.D. Pa. 2014).published
- Wieland v. Gordon (In re Gordon), 509 B.R. 359 (Bankr. N.D. Okla. 2014).published
- Martinez v. Sears (In re Sears), 565 B.R. 184 (B.A.P. 10th Cir. 2017).published
- Cronk v. Bushey (In re Bushey), 568 B.R. 821 (Bankr. D.N.M. 2017).published
- Grassmann v. Brown (In re Brown), 570 B.R. 98 (Bankr. W.D. Okla. 2017).published
- Holley Performance Prods., Inc. v. Coppaken (In re Coppaken), 572 B.R. 284 (Bankr. D. Kan. 2017).published
- The Shack, LLC v. Hickman, No. 19-01042 (Bankr. W.D. Okla. Apr. 17, 2020).
At page 1294 Inference of fraudulent intent from omissions68 citing cases“in order to deny a debtor's discharge pursuant to this provision 727(a)(4)(a), a creditor must demonstrate by a preponderance of the evidence that the debtor knowingly and fraudulently made an oath and that the oath relates to a material fact.”
- Veit, No. 24-01012 (Bankr. N.D. Okla. Sept. 15, 2026). (In order to deny a debtor’s discharge pursuant to this provision [§ 727(a)(4)(A)], a creditor must demonstrate by a preponderance of the evidence that the debtor knowingly and fraudulently made an oath and that the oat…)
- Harry Monroe Ashwood, V & Stacie Marie Ashwood, No. 24-11378 (Bankr. N.D. Okla. Sept. 30, 2025). ([W]e must not penalize the debtor for an inadvertent mistake.)
- Lashinsky v. Holman, No. 21-01031 (Bankr. D.N.M. Feb. 7, 2024). See Brown, 108 F.3d at 1292 (“The Bankruptcy Code must be construed . . . strictly against the creditor.”).
- Arma Yates, L.L.C. v. Robertson, No. 18-02059 (Bankr. D. Utah Feb. 17, 2022). Specifically, the Debtor testified about his significant legal troubles around the time of the sale, including pending actions against him and his businesses by Plaintiffs and government agencies.95 He also testified about his serious medi…
- Lashinsky, United States Tr. v. Webb, No. 18-01008 (Bankr. N.D. Okla. July 2, 2019). (In order to deny a debtor’s discharge pursuant to this provision [§ 727(a)(4)(A)], a creditor must demonstrate by a preponderance of the evidence that the debtor knowingly and fraudulently made an oath and that the oat…)
- Wachovia Bank, N.A. v. Spitko, 357 B.R. 272 (Bankr. E.D. Pa. 2006).published(The purpose of the bankruptcy code is to give the honest debtor a new start. Thus, we must not penalize the debtor for an inadvertent mistake.)
- Cadle Co. v. King (In Re King), 272 B.R. 281 (Bankr. N.D. Okla. 2002).published (In order to deny a debtor’s discharge pursuant to this provision, a creditor must demonstrate by a preponderance of the evidence that the debtor knowingly and fraudulently made an oath and that the oath relates to a ma…)
- Richter, No. 26-01008 (Bankr. D.N.M. July 27, 2026). Ill. 2010) (“A denial of discharge is an extremely harsh and drastic penalty”) (citation omitted). 21 See also Rosen v. Bezner, 996 F.2d 1527, 1531 (3d Cir. 1993) (“Completely denying a debtor his discharge . . . is an extreme step and sho…
- Stewart, No. 16-01087 (Bankr. W.D. Okla. July 2, 2026). As discussed herein, there was no evidence that Terry participated in the creation of the Red Britt Trust or the NOG Transfer. 11 Geiger (In re Geiger), 523 U.S. 57, 62 , 118 S.Ct. 974, 799 (1998); Bellco First Federal Credit Union v. Kasp…
- FCB BANKS v. Abrahim, No. 23-03024 (Bankr. S.D. Ill. Sept. 26, 2025).Certainly, the ultimate responsibility for ensuring the accuracy of the bankruptcy schedules and other documents lies with Debtor, even if the documents were prepared by counsel However, “[a] debtor will not be denied a discharge if a fals…
Show 56 more citing cases
- Goldstein v. Pelgrim, No. 23-00305 (Bankr. D. Md. July 17, 2025).Md. 2013) (“A debtor will not be denied discharge … due to mere mistake or inadvertence.”) (citing Gullickson v. Brown (In re Brown), 108 F.3d 1290, 1294-95 (10th Cir. 1997)).
- U.S. Tr. (ust) v. Arnold, No. 3:18-ap-01046 (Bankr. E.D. Ark. July 13, 2023).Rather, the evidence supports a finding of “an honest error or mere inaccuracy” which 1s “not a proper basis for denial of discharge.” Jn re Zulpo, 592 B.R. at 253 (“A debtor will not be denied discharge if a false statement is due to mere…
- Mashburn v. Gentry, No. 21-01017 (Bankr. W.D. Okla. Jan. 21, 2022).United States Trustee v. Garland (In re Garland), 417 B.R. 805, 814 (10th Cir. BAP 2009) (citing Gullickson v. Brown (In re Brown), 108 F.3d 1290, 1294 (10th Cir. 1997)).
- Moore v. Sanchez, No. 19-01082 (Bankr. D.N.M. Aug. 7, 2020). D.N.M. 2014); In re Brown, 108 F.3d 1290, 1293 (10th Cir. 1997) (same).
- Davis v. Baker, No. 20-05006 (Bankr. D. Kan. June 1, 2020). (failure to list antique automobile did not warrant denial of discharge where debtor raised the omission at § 341 meeting of creditors)
- Heizer v. Waggoner, No. 18-01033 (Bankr. D.N.M. Apr. 24, 2020).Loans, Inc. v. Carey (In re Carey), 938 F.2d 1073, 1077 (10th Cir. 1991), and Gullickson v. Brown (In re Brown), 108 F.3d 1290, 1294 (10th Cir. 1997). “[M]ere mistake or inadvertence is not sufficient to bar a debtor’s discharge under § 72…
- Jayme v. Monge, No. 1:18-cv-00675 (D.N.M. Feb. 20, 2020).Under Section 727(a)(4), discharge is not available if a creditor proves “the debtor knowingly and fraudulently made an oath and that the oath relates to a material fact.” Gullickson v. Brown (In re Brown), 108 F.3d 1290, 1294 (10th Cir. 1…
- Arma Yates, L.L.C. v. Robertson, No. 18-02059 (Bankr. D. Utah Jan. 9, 2020). Pa. 2000) (noting that Congress did not intend for creditors to expend “an infinite amount of time, money, and effort in organizing, reconstructing, and/or independently investigating a debtor’s affairs”). 71 Gullickson v. Brown (In re Bro…
- In re: Mark Alan Shoemaker, No. CC-18-1020-KuFL (B.A.P. 9th Cir. July 1, 2019).unpublishedLikewise, Mr. Shoemaker's testimony at the § 341(a) meeting regarding the pending misappropriation lawsuit was not sufficient to correct the errors on his Schedule B "because [such testimony] is not in the plain view of the parties in inte…
- Hampton v. Young (In re Young), 576 B.R. 807 (Bankr. E.D. Pa. 2017).publishedIn re Brown, 108 F.3d 1290, 1294-95 (10th Cir. 1997); In re Singh, 433 B.R. at 159 (no fraudulent intent or knowing intent to deceive under § 727(a)(4)(A) where omission of asset on schedules was due to debtor’s confusion about what was re…
- Wieland v. Miller (In Re Miller), 448 B.R. 551 (Bankr. N.D. Okla. 2011).published
- NJL Investments, LLC v. Smart (In re Smart), 481 B.R. 79 (Bankr. N.D. Okla. 2012).published
- United States v. Fletcher (In re Fletcher), 489 B.R. 224 (Bankr. N.D. Okla. 2013).published
- Wieland v. Gordon (In re Gordon), 509 B.R. 359 (Bankr. N.D. Okla. 2014).published
- Grassmann v. Brown (In re Brown), 570 B.R. 98 (Bankr. W.D. Okla. 2017).published
- Holley Performance Prods., Inc. v. Coppaken (In re Coppaken), 572 B.R. 284 (Bankr. D. Kan. 2017).published
- Turner v. Keck (In Re Keck), 363 B.R. 193 (Bankr. D. Kan. 2007).published
- May v. Jamison (In Re Jamison), 329 B.R. 743 (Bankr. D. Kan. 2005).published
- Cadle Co. v. Stewart (In Re Stewart), 263 B.R. 608 (B.A.P. 10th Cir. 2001).published
- Rupp v. Biorge (In re Biorge), 536 B.R. 24 (Bankr. D. Utah 2015).published
- Phillips 66 Co. v. Ritchie (In re Ritchie), 543 B.R. 311 (Bankr. D.N.M. 2015).published
- Sholdra v. Chilmark Fin. LLP (In Re Sholdra), 249 F.3d 380 (5th Cir. 2001).published
- Cadle Co. v. Zofko (In Re Zofko), 382 B.R. 45 (Bankr. W.D. Pa. 2008).published
- Woolman v. Wallace (In Re Wallace), 289 B.R. 428 (Bankr. N.D. Okla. 2003).published
- Buckeye Ret. Co. v. Heil (In Re Heil), 289 B.R. 897 (Bankr. E.D. Tenn. 2003).published
- United States Tr. v. Garland (In Re Garland), 417 B.R. 805 (B.A.P. 10th Cir. 2009).published
- Overly v. Guthrie (In Re Guthrie), 265 B.R. 253 (Bankr. M.D. Ala. 2001).published
- Gold v. Guttman (In Re Guttman), 237 B.R. 643 (Bankr. E.D. Mich. 1999).published
- Ellsworth v. Bauder (In Re Bauder), 333 B.R. 828 (B.A.P. 8th Cir. 2005).published
- Nat'l Am. Ins. v. Guajardo (In Re Guajardo), 215 B.R. 739 (Bankr. W.D. Ark. 1997).published
- E. Diversified Distributors, Inc. v. Matus (In Re Matus), 303 B.R. 660 (N.D. Ga. 2004).published
- Washington 1993, Inc. v. Hudson (In Re Hudson), 420 B.R. 73 (Bankr. N.D.N.Y. 2009).published
- Goodmar, Inc. v. Hamilton (In Re Hamilton), 306 B.R. 575 (Bankr. W.D. Ky. 2004).published
- Tighe v. Valencia (In Re Guadarrama), 284 B.R. 463 (C.D. Cal. 2002).published
- First Nat'l Bank v. Davison (In Re Davison), 296 B.R. 841 (Bankr. D. Kan. 2003).published
- Crane v. Morris (In Re Morris), 302 B.R. 728 (Bankr. N.D. Okla. 2003).published
- United States Tr. v. Eppers (In Re Eppers), 311 B.R. 826 (Bankr. D.N.M. 2004).published
- Solis v. Asif (In Re Asif), 455 B.R. 768 (Bankr. D. Kan. 2011).published
- Davis v. Weddington (In Re Weddington), 457 B.R. 102 (Bankr. D. Kan. 2011).published
- Stevenson v. Taylor (In Re Taylor), 461 B.R. 420 (E.D. Mich. 2011).published
- William Wagner v. United States Bankr. Court for the Dist. of Colorado, 527 B.R. 416 (B.A.P. 10th Cir. 2015).published
- Irma Kidd v. United States Bankr. Court for the Dist. of Kansas - Wichita, No. 14-65 (B.A.P. 10th Cir. Oct. 23, 2015).published
- Kevin Gandy v. Elliott Schuchardt, 645 F. App'x 348 (6th Cir. 2016).unpublished
- J&R Inv. v. Anthony (In Re Anthony), 658 F. App'x 924 (10th Cir. 2016).unpublished
- Todd McNally v. United States Bankr. Court for the Dist. of Colorado, No. 17-1 (B.A.P. 10th Cir. Sept. 15, 2017).published
- Lafarge North Am., Inc. v. Poffenberger (In re Poffenberger), 471 B.R. 807 (Bankr. D. Md. 2012).published
- Davis v. Osborne (In re Osborne), 476 B.R. 284 (Bankr. D. Kan. 2012).published
- United States Tr. v. Sieber (In re Sieber), 489 B.R. 531 (Bankr. D. Md. 2013).published
- Ng v. Adler (In re Adler), 494 B.R. 43 (Bankr. E.D.N.Y. 2013).published
- Sierra Chemicals, LLC v. Mosley (In re Mosley), 501 B.R. 736 (Bankr. D.N.M. 2013).published
- McDermott v. Kerr (In re Kerr), 556 B.R. 343 (Bankr. N.D. Ohio 2016).published
- Los Alamos Nat'l Bank v. Lamey (In re Lamey), 574 B.R. 240 (Bankr. D.N.M. 2017).published
- Ceruti v. Woodhouse, No. 15-02125 (Bankr. D. Utah Mar. 3, 2022).
- United States Tr. v. Rael, No. 15-02013 (Bankr. D. Wyo. Sept. 14, 2017).
- United States Tr. v. Rael, No. 15-02013 (Bankr. D. Wyo. June 12, 2017).
- United States Tr. v. Ridley, No. 15-02030 (Bankr. D. Wyo. May 9, 2017).
At page 1293 Determining fraudulent intent for discharge under section 727(a)(2)(A)45 citing casesIn order for a debtor to be denied a discharge under § 727(a)(2)(A), the objector must show by a preponderance of the evidence....
- Harry Monroe Ashwood, V & Stacie Marie Ashwood, No. 24-11378 (Bankr. N.D. Okla. Sept. 30, 2025). But counsel’s statements add further support to the Court’s conclusion that the omissions from the SOFA were not intentionally or fraudulently made by Debtors to conceal the transaction from the Trustee. 75 See In re Brown, 108 F.3d at 129…
- Lashinsky v. Holman, No. 21-01031 (Bankr. D.N.M. Feb. 7, 2024). See Brown, 108 F.3d at 1292 (“The Bankruptcy Code must be construed . . . strictly against the creditor.”).
- SE Prop. Holdings, LLC v. Stewart, No. 16-01087 (Bankr. W.D. Okla. Aug. 3, 2022). (In order for a debtor to be denied a discharge under § 727(a)(2)(A), the objector must show by a preponderance of the evidence....)
- Arma Yates, L.L.C. v. Robertson, No. 18-02059 (Bankr. D. Utah Feb. 17, 2022). (There was no evidence that the money [borrowed against the debtor’s car collection just before the bankruptcy filing] was not reasonably used or that it was squandered.)
- City Nat'l Bank, N.A. v. Breslin, 175 F. Supp. 3d 1314 (D. Utah 2016).published (there is no question that the grant of a security interest does constitute a transfer)
- Richter, No. 26-01008 (Bankr. D.N.M. July 27, 2026). (preponderance of the evidence standard for claims under § 727(a)(2)(A) and § 727(a)(4))
- Stewart, No. 16-01087 (Bankr. W.D. Okla. July 2, 2026). As discussed herein, there was no evidence that Terry participated in the creation of the Red Britt Trust or the NOG Transfer. 11 Geiger (In re Geiger), 523 U.S. 57, 62 , 118 S.Ct. 974, 799 (1998); Bellco First Federal Credit Union v. Kasp…
- Lashinsky v. Candelaria, Jr., No. 19-01061 (Bankr. D.N.M. Jan. 7, 2022).In re Brown, 108 F.3d 1290, 1293 (10th Cir. 1997).
- Davis v. Baker, No. 20-05006 (Bankr. D. Kan. May 20, 2021). In light of the Court’s decision today, the Rule 52(c) motion for judgment on partial findings is moot. 21 Mathai, et al v. Warren (In re Warren), 512 F.3d 1241, 1249 (10th Cir. 2008) (citing Gullickson v. Brown (In re Brown), 108 F.3d 129…
- Moore v. Sanchez, No. 19-01082 (Bankr. D.N.M. Aug. 7, 2020). D.N.M. 2014); In re Brown, 108 F.3d 1290, 1293 (10th Cir. 1997) (same).
Show 34 more citing cases
- Jeffery Clark Wortham, No. 19-13349 (Bankr. W.D. Okla. Apr. 7, 2020).Mathai v. Warren (In re Warren), 512 F.3d 1241, 1249 (10" Cir. 2008) (quoting Gullickson v. Brown (In re Brown ), 108 F.3d 1290, 1293 (10" Cir. 1997)).
- McPherson Co-Op Credit Union v. Wortham, No. 20-01018 (Bankr. W.D. Okla. Apr. 7, 2020).Mathai v. Warren (In re Warren), 512 F.3d 1241, 1249 (10" Cir. 2008) (quoting Gullickson v. Brown (In re Brown ), 108 F.3d 1290, 1293 (10" Cir. 1997)).
- Adam Peeples v. United States Bankr. Court for the Dist. of Utah, No. 18-3 (B.A.P. 10th Cir. July 16, 2018).published Failure to Keep Records - § 727(a)(3) As we recently reiterated in Martinez v. Sears (In re Sears), a prima facie case under § 727(a)(3) requires a creditor or trustee to show that the “debtor ‘failed to maintain and preserve adequate reco…
- Vill. of San Jose, a Mun. Corp. v. Daniel L. McWilliams & Ida M. McWilliams Debtors-Appellees, 284 F.3d 785 (7th Cir. 2002).published
- Freelife Int'l, LLC v. Butler (In Re Butler), 377 B.R. 895 (Bankr. D. Utah 2006).published
- Wieland v. Miller (In Re Miller), 448 B.R. 551 (Bankr. N.D. Okla. 2011).published
- Los Alamos Nat'l Bank v. Wreyford (In re Wreyford), 505 B.R. 47 (Bankr. D.N.M. 2014).published
- Wieland v. Gordon (In re Gordon), 509 B.R. 359 (Bankr. N.D. Okla. 2014).published
- Holley Performance Prods., Inc. v. Coppaken (In re Coppaken), 572 B.R. 284 (Bankr. D. Kan. 2017).published
- United States v. Love, 17 F. App'x 796 (10th Cir. 2001).unpublished
- Melancon v. Jones (In Re Jones), 292 B.R. 555 (Bankr. E.D. Tex. 2003).published
- Beauchamp v. Hoose (In Re Beauchamp), 236 B.R. 727 (B.A.P. 9th Cir. 1999).published
- Turner v. Keck (In Re Keck), 363 B.R. 193 (Bankr. D. Kan. 2007).published
- Rhode Island Depositors Econ. Prot. Corp. v. Hayes (In Re Hayes), 229 B.R. 253 (B.A.P. 1st Cir. 1999).published
- May v. Jamison (In Re Jamison), 329 B.R. 743 (Bankr. D. Kan. 2005).published
- Garland v. United States (In Re Garland), 385 B.R. 280 (Bankr. E.D. Okla. 2008).published
- United States Tr. v. Vigil (In Re Vigil), 414 B.R. 743 (Bankr. D.N.M. 2009).published
- In Re Agnew, 355 B.R. 276 (Bankr. D. Kan. 2006).published
- Quicken Loans, Inc. v. Splawn (In Re Splawn), 376 B.R. 747 (Bankr. D.N.M. 2007).published
- Gould v. Schmanke (In Re Schmanke), 263 B.R. 125 (Bankr. D. Colo. 2001).published
- Cadle Co. v. Stewart (In Re Stewart), 263 B.R. 608 (B.A.P. 10th Cir. 2001).published
- First Sav. Bank v. Turner (In Re Turner), 335 B.R. 755 (Bankr. D.N.M. 2005).published
- Everspring Enter., Inc. v. Wang (In Re Wang), 247 B.R. 211 (Bankr. E.D. Tex. 2000).published
- Schreiber v. Emerson (In Re Emerson), 244 B.R. 1 (Bankr. D.N.H. 1999).published
- Riehm v. Park (In Re Park), 272 B.R. 323 (Bankr. D.N.J. 2001).published
- George Gordon, Jr. v. United States Bankr. Court for the N. Dist. of Oklahoma, 526 B.R. 376 (B.A.P. 10th Cir. 2015).published
- Rupp v. Pearson, 658 F. App'x 446 (10th Cir. 2016).unpublished
- Rupp v. Pearson, 551 B.R. 625 (D. Utah 2015).published
- Cork v. Gun Bo, LLC (In re Cork), 566 B.R. 237 (D. Ariz. 2017).published
- Rose v. Reaves (In re Rose), 574 B.R. 141 (D. Ariz. 2017).published
- McVay v. DiGesualdo (In re DiGesualdo), 463 B.R. 503 (Bankr. D. Colo. 2011).published
- Hunt v. Steffensen (In re Steffensen), 534 B.R. 180 (Bankr. D. Utah 2015).published
- Rupp v. Biorge (In re Biorge), 536 B.R. 24 (Bankr. D. Utah 2015).published
- Phillips 66 Co. v. Ritchie (In re Ritchie), 543 B.R. 311 (Bankr. D.N.M. 2015).published
At page 1295 Reversing denial of discharge for honest error42 citing cases“failed to maintain and preserve adequate records and that the failure made it impossible to ascertain his financial condition and material business transactions.”
- Arma Yates, L.L.C. v. Robertson, No. 18-02059 (Bankr. D. Utah Feb. 17, 2022). Specifically, the Debtor testified about his significant legal troubles around the time of the sale, including pending actions against him and his businesses by Plaintiffs and government agencies.95 He also testified about his serious medi…
- Richter, No. 26-01008 (Bankr. D.N.M. July 27, 2026). Ill. 2010) (“A denial of discharge is an extremely harsh and drastic penalty”) (citation omitted). 21 See also Rosen v. Bezner, 996 F.2d 1527, 1531 (3d Cir. 1993) (“Completely denying a debtor his discharge . . . is an extreme step and sho…
- Crooch Bros., LLC v. Salsman, No. 23-01002 (Bankr. N.D. Okla. June 20, 2024).From its initial promulgation of rules related to the medical marijuana industry, OMMA imposed substantial record keeping and inventory requirements on all commercial participants, including growers.22 These include business records and do…
- Lashinsky, United States Tr. v. Medina, No. 21-01034 (Bankr. N.D. Okla. July 26, 2023). See also Grogan v. Garner, 498 U.S. 279 (1991): First Nat’l Bank v. Serafini (In re Serafini), 938 F.2d 1156, 1157 (10th Cir. 1991). 32 Martinez v. Sears (In re Sears), 565 B.R. 184, 189 (10th Cir. BAP 2017) (footnotes omitted). 33 Gullick…
- Vara v. Motil, No. 22-01084 (Bankr. N.D. Ohio June 13, 2023).Att’ys, P.C. v. Kran (In re Kran), 760 F.3d 206 , 210–11 (2d Cir. 2014); 69 Meridian Bank v. Alten, 958 F.2d 1226, 1232 (3d Cir. 1992); Mercantile Peninsula Bank v. French (In re French), 499 F.3d 345, 354 (4th Cir. 2007); The Cadle Co. v.…
- Vara v. Motil, No. 22-01084 (Bankr. N.D. Ohio Jan. 13, 2023).P’ship (In re Caneva), 550 F.3d 755, 761 (9th Cir. 2008); Gullickson v. Brown (In re Brown), 108 F.3d 1290, 1295 (10th Cir. 1997).
- Oklahoma DHS Child Support Servs. v. Bryan, No. 18-01050 (Bankr. N.D. Okla. Jan. 15, 2020). Section 727(a)(3) reads as follows: The court shall grant the debtor a discharge, unless– * * * (3) the debtor has concealed, destroyed, mutilated, falsified, or failed to keep or preserve any recorded information, including books, documen…
- Arma Yates, L.L.C. v. Robertson, No. 18-02059 (Bankr. D. Utah Jan. 9, 2020). Pa. 2000) (noting that Congress did not intend for creditors to expend “an infinite amount of time, money, and effort in organizing, reconstructing, and/or independently investigating a debtor’s affairs”). 71 Gullickson v. Brown (In re Bro…
- SE Prop. Holdings, LLC v. Stewart (In re Stewart), 577 B.R. 581 (Bankr. W.D. Okla. 2017).publishedIn order to state a prima facie case under § 727(a)(3), a plaintiff must show that the debtor “failed to maintain and preserve adequate records and that the failure made it impossible to ascertain the debtor’s financial condition and mater…
- Freelife Int'l, LLC v. Butler (In Re Butler), 377 B.R. 895 (Bankr. D. Utah 2006).published
Show 32 more citing cases
- McVay v. Phouminh (In Re Phouminh), 339 B.R. 231 (Bankr. D. Colo. 2005).published
- Lynn Martinez v. United States Bankr. Court for the Dist. of Colorado, No. 16-25 (B.A.P. 10th Cir. Mar. 24, 2017).published
- Steffensen v. Hunt (In re Steffensen), 567 B.R. 188 (D. Utah 2016).published
- Martinez v. Sears (In re Sears), 565 B.R. 184 (B.A.P. 10th Cir. 2017).published
- Holley Performance Prods., Inc. v. Coppaken (In re Coppaken), 572 B.R. 284 (Bankr. D. Kan. 2017).published
- The Shack, LLC v. Hickman, No. 19-01042 (Bankr. W.D. Okla. Apr. 17, 2020).
- Quicken Loans, Inc. v. Splawn (In Re Splawn), 376 B.R. 747 (Bankr. D.N.M. 2007).published
- Cadle Co. v. Stewart (In Re Stewart), 263 B.R. 608 (B.A.P. 10th Cir. 2001).published
- Nat'l Am. Ins. v. Guajardo (In Re Guajardo), 215 B.R. 739 (Bankr. W.D. Ark. 1997).published
- Crane v. Morris (In Re Morris), 302 B.R. 728 (Bankr. N.D. Okla. 2003).published
- Solis v. Asif (In Re Asif), 455 B.R. 768 (Bankr. D. Kan. 2011).published
- Los Alamos Nat'l Bank v. Lamey (In re Lamey), 574 B.R. 240 (Bankr. D.N.M. 2017).published
- Cobra Well Testers v. Carlson, No. 19-3180 (10th Cir. Jan. 25, 2008).unpublished
- S. Bancorp South v. Richmond (In Re Richmond), 430 B.R. 846 (Bankr. E.D. Ark. 2010).published
- Strominger v. Giquinto (In Re Giquinto), 388 B.R. 152 (Bankr. E.D. Pa. 2008).published
- Structured Asset Servs., L.L.C. v. Self (In Re Self), 325 B.R. 224 (Bankr. N.D. Ill. 2005).published
- Baccala Realty, Inc. v. Fink (In Re Fink), 351 B.R. 511 (Bankr. N.D. Ill. 2006).published
- Daniel v. Boyd (In Re Boyd), 347 B.R. 349 (Bankr. W.D. Ark. 2006).published
- PNC Bank, Nat'l Ass'n v. Buzzelli (In Re Buzzelli), 246 B.R. 75 (Bankr. W.D. Pa. 2000).published
- Smith v. Grondin (In Re Grondin), 232 B.R. 274 (B.A.P. 1st Cir. 1999).published
- Glucona Am., Inc. v. Ardisson (In Re Ardisson), 272 B.R. 346 (Bankr. N.D. Ill. 2001).published
- Stephens v. Morrison (In Re Morrison), 450 B.R. 734 (Bankr. W.D. Tenn. 2011).published
- Michael Jordan v. Bruce Bren, 122 F. App'x 285 (8th Cir. 2005).unpublished
- Leonid Shifrin v. United States Bankr. Court for the Dist. of Colorado, No. 17-12 (B.A.P. 10th Cir. Sept. 20, 2017).published
- J & R Inv. v. Anthony, 542 B.R. 580 (D. Utah 2015).published
- Bozeman v. Sullivan (In re Sullivan), 492 B.R. 348 (Bankr. M.D. Ga. 2013).published
- Blackwell Oil Co. v. Potts (In re Potts), 501 B.R. 711 (Bankr. D. Colo. 2013).published
- Hunt v. Steffensen (In re Steffensen), 511 B.R. 149 (Bankr. D. Utah 2014).published
- Martinez v. Sears (In re Sears), 557 B.R. 193 (Bankr. D. Colo. 2016).published
- Sunset Corner Props., LC v. Mayoros (In re Mayoros), 569 B.R. 352 (Bankr. D. Utah 2017).published
- United States Tr. v. Fhuere, No. 24-02013 (Bankr. D. Utah Feb. 14, 2025).
- Densley v. Fhuere, No. 24-02014 (Bankr. D. Utah Feb. 14, 2025).
At page 1290 “liberally in favor of the debtor and strictly against the creditor.”0 citing cases
v.
Guy Benny BROWN, Defendant-Appellant
Debtor-Appellant Guy Benny Brown appeals from the district court’s affirmance of the bankruptcy court’s order denying his discharge pursuant to 11 U.S.C. § 727(a)(2)(A) and (a)(4)(A). Creditor-Cross-Appellant Ronald Gullickson appeals the district court’s reversal of the bankruptcy court’s denial of Brown’s discharge pursuant to 11 U.S.C. § 727(a)(3). We exercise jurisdiction pursuant to 28 U.S.C. § 158, and affirm in part, reverse in part, and remand.
The bankruptcy court found three discrete bases for denying Brown’s discharge. These were (1) the making of a transfer within one year of the bankruptcy with the intent to hinder, delay or defraud a creditor, 11 U.S.C. § 727(a)(2)(A), (2) the failure to keep records, 11 U.S.C. § 727(a)(3), and (3) the knowing or fraudulent making of a false oath in connection with the bankruptcy, 11 U.S.C. § 727(a)(4). Our review of the bankruptcy court’s legal conclusions is de novo. In re Schneider, 864 F.2d 683, 685 (10th Cir.1988). However, we review the bankruptcy court’s findings which underpin its conclusions under the more deferential clearly erroneous standard. In re Wes Dor, Inc., 996 F.2d 237, 241 (10th Cir.1993). We review de novo mixed questions consisting primarily of legal conclusions drawn from the facts. Id. Finally, we are cognizant in our review of the requirement that the Bankruptcy Code must be construed liberally in favor of the debtor and strictly against the creditor. In re Adlman, 541 F.2d 999, 1003 (2d[*1293] Cir.1976). With these standards in mind, we turn to the resolution of the ease.
I.
Brown’s first contention is that the bankruptcy court erred by ruling that he should be denied a discharge pursuant to 11 U.S.C. § 727(a)(2)(A). The bankruptcy court found that Brown’s grant of a security interest in an asset, an antique car collection, prior to filing bankruptcy violated § 727(a)(2)(A).
In order for a debtor to be denied a discharge under § 727(a)(2)(A), the objector must show by a preponderance of the evidence that (1) the debtor transferred, removed, concealed, destroyed, or mutilated, (2) property of the estate, (3) within one year prior to the bankruptcy filing, (4) with the intent to hinder, delay, or defraud a creditor. 11 U.S.C. § 727(a)(2)(A). It is clear on the record that all but the last of the four elements of this provision were proven. [1] Brown admits that he transferred a security interest in his antique car collection four days prior to filing bankruptcy. Accordingly, the contested issue is whether Brown had the intent to hinder, delay, or defraud a creditor when he transferred the interest.
Gullickson argues that Brown’s course of conduct, discrepancies between earlier financial statements and the bankruptcy schedules, and the presence of “badges of fraud” prove Brown’s fraudulent intent. The bankruptcy court cited these reasons in denying Brown’s discharge. The first badge on which the bankruptcy court relied is that Brown transferred a security interest in his antique car collection four days before he filed bankruptcy. The mere fact that a transaction occurred soon before the filing of bankruptcy does not necessarily support the inference of fraud. See 6 Collier on Bankruptcy § 727.02(3)(a) (15th ed. rev.1996). The circumstances of the transaction must be examined. See 6 id. In this case, the corporations of which Brown was a fifty percent owner required a cash infusion to pay attorneys and suppliers. The granting of a security interest in his only unencumbered asset in order to obtain much needed capital for his businesses, which were his sole source of income, does not evince fraud. See In re C.A. Thurman, 901 F.2d 839, 842 (10th Cir. 1990) (holding that business purpose for transfer supports finding of no fraudulent intent). See also In re Miller, 39 F.3d 301, 307 (11th Cir.1994). There was no evidence that the money was not reasonably used or that it was squandered. Indicia of fraud are totally lacking. See id.
The bankruptcy court also found that Brown’s continued possession and use of the automobiles and the fact that the collection would be exempt in bankruptcy as a result of the transaction constituted badges of fraud. However, it is an unwarranted leap to infer fraud anytime a person transfers a security interest in an item and maintains possession of it. There is little question that if an individual transfers title of an item but continues to exercise dominion over it, that fraud could be inferred. However, that is not the present case. It is uncontroverted that the security interest was granted in an arm’s length transaction. Thus, Brown’s mere possession of the vehicles does not constitute evidence of fraudulent intent. Although some inference of fraudulent intent might be drawn from the fact that Brown’s car collection became exempt due to this transaction, [2] such an inference is de minimis[*1294] at best. See In re Carey, 938 F.2d 1073, 1078 (10th Cir.1991) (holding that the desire to convert non-exempt assets to exempt status is, by itself, insufficient to support inference of fraud).
In finding that Brown should be denied a discharge under § 727(a)(2)(A), the bankruptcy court also looked at the differences in valuations of Brown’s assets reported on his pre-bankruptcy financial statements and his bankruptcy petition, his failure to list an automobile on his bankruptcy schedules, and the court’s finding that Brown had failed to adequately keep records. The bankruptcy court clearly erred in denying discharge based on the differences in asset values Brown reported on some of his financial statements and his bankruptcy petition. Un-controverted evidence introduced by Brown explained many of the disparities. For example, the financial statements included Brown’s wife’s retirement plan and other assets, items which were omitted from the bankruptcy schedules because she was not a debtor in the ease. Moreover, an examination of the financial statements reveals a consistent downward trend in Brown’s financial condition. Accordingly, it would not be unexpected that this degeneration would accelerate as he and his businesses approached the brink of bankruptcy. Additionally, Brown explained at trial that the earlier financial statements had been to some extent the result of puffery. Though we do not condone such behavior, it does explain the disparity and no creditor is now claiming harm from this behavior. In this case, based upon the record before us and keeping in mind the importance of liberally construing the code in the debtor’s favor, we hold that the inference of fraud does not flow from the facial discrepancy in the financial statement and bankruptcy schedule values absent other evidence.
The bankruptcy court’s final two bases for finding fraudulent intent also fall short of the mark. As to the failure to list the automobile on the bankruptcy schedules, it is undisputed that the debtor raised the omission of the automobile at the § 341 creditors’ meeting. Although Brown should have amended his bankruptcy schedules to correct the error, we believe as a matter of law that no inference of fraudulent intent can be drawn from an omission when the ■ debtor promptly brings it to the court’s or trustee’s attention absent other evidence of fraud. The purpose of the bankruptcy code is to give the honest debtor a new start. See Dalton v. Internal Revenue Service, 77 F.3d 1297, 1300 (10th Cir.1996). Thus, we must not penalize the debtor for an inadvertent mistake.
Similarly, as will be explained in greater detail in section III, the bankruptcy court’s reliance upon Brown’s alleged failure to keep records is also an inadequate basis from which to infer fraudulent intent. Therefore, the district court and bankruptcy court rulings that Brown should be denied a discharge pursuant to § 727(a)(2)(A) are reversed.
II.
The second issue Brown raises is the district court’s affirmance of the bankruptcy court’s holding that he should be denied a discharge for making a false oath. 11 U.S.C. § 727(a)(4)(A). In order to deny a debtor’s discharge pursuant to this provision, a creditor must demonstrate by a preponderance of the evidence that the debtor knowingly and fraudulently made an oath and that the oath relates to a material fact. In re Hadley, 70 B.R. 51, 54 (Bankr.D.Kan.1987). It is undisputed that Brown made incorrect entries on his bankruptcy schedules and that he made oaths upon them. Therefore, the crux of the dispute is whether the oaths were knowing and fraudulent and relate to a material fact. We need not decide whether the oaths were related to material facts because we conclude from the record that the oaths were not knowing and fraudulent.
A debtor will not be denied discharge if a false statement is due to mere mistake or inadvertence. In re Butler, 38[*1295] B.R. 884, 889 (Bankr.D.Kan.1984). Moreover, an honest error or mere inaccuracy is not a proper basis for denial of discharge. See In re Magnuson, 113 B.R. 555, 559 (Bankr.D.N.D.1989). In finding that Brown’s false oaths had been knowing and fraudulent, the bankruptcy court stated, without further analysis, that “In light of the pattern of nondisclosure and Brown’s failure to amend his schedules, the court cannot find that Brown’s omissions were merely inadvertent.” However, the bankruptcy court does not further support its ruling. We find the bankruptcy court’s reliance on the “failure to amend” and “pattern of non-disclosure” is not justified based upon this record. Although Brown did not amend his schedules to reflect the inclusion of the omitted vehicle, he did rectify the omission very early in the process and of his own accord. The fact that a debtor comes forward with omitted material of his own accord is strong evidence that there was no fraudulent intent in the omission. See 6 Collier on Bankruptcy § 727.04(2) (15th ed. rev.1996) (stating items omitted by honest mistake should not be grounds for denial of discharge).
We also find that neither the record before us nor the bankruptcy court’s opinion supports the bankruptcy court’s findings of a “pattern of non-disclosure.” The pattern the court apparently found was that Brown had omitted a 1962 Chevrolet from a schedule, failed to record an alleged transfer of title of two ears made prior to bankruptcy, and, finally, failed to keep records on four cars sold sometime in 1990-91.
The first piece in the bankruptcy court’s pattern — the alleged transfer — apparently did not actually occur. The record reflects that a bankruptcy schedule mistakenly reflected that two cars were jointly titled to Brown and his wife when in fact this wasn’t the case. This alleged error, which made it appear that Brown had potentially fraudulently transferred title to the two cars, was corrected by him orally at trial and no other evidence appears in the record which supports a finding that he transferred the title.
With regard to the four cars which were sold, there is no evidence that the transactions were not disclosed for fraudulent reasons. The bankruptcy occurred in mid-1992 and the cars were apparently sold in late 1990 and in 1991, quite possibly outside of the one-year reporting window. These facts hardly support a “pattern of non-disclosure.”
Finally, as to the omission of the Chevrolet in the bankruptcy schedules, we find no basis for drawing an inference of fraudulent intent. The car was one of at least ten vehicles Brown owned, and the record reflects that he raised its omission early in the proceeding. A debtor that comes forward in order to inform the bankruptcy trustee of errors in the filings would not seem to be engaged in a “pattern of nondisclosure” absent other indicia of fraud. We hold that it was clear error for the bankrupt cy court to find that Brown knowingly and fraudulently made false oaths. The evidence before the court did not support the bankruptcy court’s legal conclusions. We reverse the bankruptcy court’s ruling that Brown should be denied a discharge pursuant to § 727(a)(4)(A) and the district court’s affirmance of that ruling.
III.
The bankruptcy court also denied Brown’s discharge pursuant to § 727(a)(3). The district court reversed, and Gullickson cross-appealed. In order to state a prima facie ease, Gullickson had to demonstrate that Brown had failed to maintain and preserve adequate records and that the failure made it impossible to ascertain his financial condition and material business transactions. In re Folger, 149 B.R. 183, 188 (D.Kan.1992) (emphasis added). Only if Gullickson met his burden did it shift to Brown to justify his failure to maintain the records. In its analysis, the district court noted that it was uncontroverted, that the car collection was a hobby, not a business entered into for profit, and cash sales in this hobby were commonplace. Thus, the district court found that any failure to keep records was justified on the facts of the ease. We agree with the district court that a failure to keep records was justified on the record and hold that the bankruptcy court clearly erred. Thus, we affirm the district court’s reversal of the denial of discharge pursuant to § 727(a)(3).
[*1296] AFFIRMED IN PART, REVERSED IN PART, AND REMANDED for proceedings consistent with this opinion.
. Although the bankruptcy court found that Brown had “concealed his property, just four days before filing bankruptcy, by placing his vintage automobile collection beyond the reach of Gullickson,’’(emphasis added), we believe the more correct term is that he transferred property. See 11 U.S.C. § 727(a)(2)(A). There is no evidence in the record that Brown had attempted to hide this transaction. In fact, this loan transaction appears in the bankruptcy schedules. However, there is no question that the grant of a security interest does constitute a transfer. See 11 U.S.C. § 101(54).
This distinction does not affect the determination of whether the first element is fulfilled, but we believe the inference of fraudulent behavior flowing from a concealment is greater than from a transfer, and thus we must note this discrepancy-
. Gullickson argues that Brown’s bank’s attorney’s testimony demonstrates fraudulent intent as to the automobile collection. We disagree. A fair reading of the passage clearly demonstrates that the attorney's testimony was that Brown had never wanted anyone to obtain a security interest[*1294] in his cars. The passage falls far short of saying that Brown was granting the security interest to defraud Gullickson.