Skip to main content
Home

Main navigation

  • NC Bankruptcy Cases
    • Eastern District
    • Middle District
    • Western District
  • NC Courts
    • 4th Circuit Court of Appeals
    • NC Court of Appeals
    • NC Business Court
    • NC Supreme Court Cases
  • Federal Cases
  • Law Reviews & Studies
    • Book Reviews
  • NC Legislative History
  • Student Loan Debt
User account menu
  • Log in

Breadcrumb

  1. Home
  2. Blogs

Bankr. M.D.N.C.: In re Jeffries- Denial of Discharge

Profile picture for user Ed Boltz
By Ed Boltz, 25 November, 2015
Summary: Uncontested evidence showed that the Debtor had failed to disclose the transfer of real property to her brother 15 days prior to the filing of her bankruptcy as well as the omission of ownership interests in an investment club and several bank accounts. While it was determined in a separate action that the transfer of the real property was subject to a pre-existing lien and had no equity, the Bankruptcy Administrator nonetheless sought denial of the Debtor’s discharge under both 11 U.S.C. §§ 727(a)(2)(A) and 727(a)(4)(a). Denial of a Debtor’s discharge pursuant to § 727(a)(2)(A) requires a showing that that the debtor: (1) transferred or concealed, (2) his property, (3) with the intent to hinder, delay or defraud a creditor, (4) within one year before filing the petition. Intent is evidenced through the “badges of fraud”, which include: • family, friendship or insider relationships between the parties; • the debtor’s retention of possession, benefit or use of the property in question; • the lack of or inadequacy of consideration for the transfer; • the debtor’s financial condition before and after the transfer; • the existence or cumulative effect of the pattern or series of transactions or course of conduct after the incurring of debt, onset of financial difficulties, or pendency or threat of suits by creditors; • the general chronology of the events and transactions under inquiry; • the debtor’s attempt to keep the transfer a secret; and • the proximity of the transfer to the debtor’s filing bankruptcy. 11 U.S.C. § 727(a)(4)(a) directs that a Debtor’s discharge should be denied if “the debtor knowingly and fraudulently, in or in connection with the case . . . made a false oath or account” upon a showing that: (1) the debtor made a statement under oath; (2) the statement was false; (3) the debtor knew the statement was false; (4) the debtor made the statement with fraudulent intent; and (5) the statement related materially to the bankruptcy case. Following a thorough review of similar cases in the Middle District of North Carolina and of the evidence in this case, the court found that there were multiple bases for deny the debtor’s discharge in this case. For a copy of the opinion, please see: Jeffries- Denial of Discharge

Blog comments

Blog tags
denial of discharge
Category
North Carolina Bankruptcy Cases
Middle District

About Us

Mountain View The purpose of the NC Bankruptcy Expert blog is to provide legal professionals with a consolidated resource for updates and case summaries about issues and decisions affecting bankruptcy, foreclosures, mortgages, and debt collection.

 
Lawyer Edward Boltz | Top Attorney Chapter 7

NC Bankruptcy Expert FREE Consultation

We Offer A Free Bankruptcy Consultation which has helped over 70,000 North Carolina families. We serve the entire state of North Carolina.

Proud Member of:












Categories

  • 4th Circuit Court of Appeals
  • Book Reviews
  • District Courts
  • Eastern District
  • Ed Boltz: Bankruptcy Attorney
  • Federal Cases
  • Forms
  • Home
  • Law Reviews & Studies
  • Middle District
  • Mortgage Modification Mediation Documents
  • NC Business Court
  • NC Court of Appeals
  • NC Courts
  • NC Supreme Court Cases
  • News
  • North Carolina Bankruptcy Cases
  • North Carolina District Court Cases
  • North Carolina Exemptions Legislative History
  • Student Loan Debt
  • Student Loan Options and Chapter 13 Bankruptcy
  • Western District
RSS feed
v. 1.2.2, © 2013-2025 ncbankruptcyexpert.com, all rights reserved. Follow @edboltz