Topic: honest but unfortunate debtor. · Go Syfert
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Topic #1754

11 canonical passages across 10 cases, quoted by 159 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Grogan v. Garner.

#Case FlagCanonical passage Citers
1 Grogan v. Garner Anchor
scotus · 1991
green “honest but unfortunate debtor.” 100
2 Kaler v. Charles (In re Charles)
bap8 · 2012
green “to prevail in an action to deny a debtor's discharge, the objecting party must prove each element under 727 by a preponderance of the evidence.” 11
3 Home Service Oil Co. v. Cecil (In re Cecil)
bap8 · 2015
green “full disclosure is required, not only to ensure that creditors receive everything they are entitled to receive under the bankruptcy code, but also to give the bankruptcy system credibility and make it function properly and smoothly.” 11
4 Bauer v. Iannacone (In Re Bauer)
bap8 · 2003
green “the debtor's duty of disclosure requires updating schedules as soon as reasonably practical after he or she becomes aware of any inaccuracies or omissions.” 9
5 In Re Sholdan
ca8 · 2000
green “the eighth circuit has approved the use of the same inferential process in applying the statutory language 'with intent to hinder, delay or defraud creditors,' wherever that language is found-in state fraudulent-transfer statutes, 11 u.s.c. 548 (a), or 11 u.s.c. 727 (a)(2)” 6
6 Dantzler v. Zulpo (In re Zulpo)
areb · 2018
green “courts have applied the inferential 'badges of fraud' approach to determine whether a debtor acted with fraudulent intent, regardless of which of these provisions is being construed.” 5
7 Addison v. Seaver
ca8 · 2008
green “intent to hinder, delay or defraud” 4
8 Ritchie Capital Management v. John Stoebner
ca8 · 2015
green “regardless of whether the intent language came from a state fraudulent transfer statute or applicable bankruptcy law.” 4
9 Horizon Financial Bank v. Borstad (In re Borstad)
ndb · 2016
green “while courts are often understanding of a single omission or error resulting from an innocent mistake, multiple inaccuracies or falsehoods may rise to the level of reckless indifference to the truth which is the functional equivalent of intent to deceive.” 4
10 Horizon Financial Bank v. Borstad (In re Borstad)
ndb · 2016
green “the existence of multiple falsehoods, taken together with a failure on the part of the debtor to correct all known inconsistencies, omissions, and misstatements upon first amendment, constitutes reckless indifference to the truth and, thus, the requisite intent to deceive.” 3
11 James v. Tipler (In Re Tipler)
flnb · 2005
green “any disposition of an interest in property which includes a transfer of possession, custody, or control even if there is no transfer of title and which also includes deposits to, withdrawals from, and transfers between bank accounts or similar accounts” 2

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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