Must Debtor Appear And Testify At A § 727 Dicharge Trial? (Black v. Triplett—Part 2)

Making an appearance? {Photo by Marilyn Swanson) By: Donald L Swanson What happens if an individual debtor faces a Complaint to deny Debtor’s discharge under § 727 and Debtor fails to attend the trial? Is the failure to attend ok? or Might such failure be grounds for denying a discharge under § 727? An opinion on... Continue Reading →

On Appeal: Deference To A Bankruptcy Court’s “Credibility” Finding (In re Wagner)

Show horses? (photo by Grant Swanson) By: Donald L Swanson The opinion out of the U.S. Eleventh Circuit Court of Appeals is OHI Asset (VA) Martinsville SNF, LLC v. Wagner (In re Wagner), Case No. 22-13642 (decided September 11, 2024). The ultimate issue in Wagner is this: Should an individual Debtor be denied a discharge under... Continue Reading →

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