© 2017 by Curran Antonelli

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Exclusion of Account Name Considered Material False Oath

February 15, 2017

A debtor was denied discharge for omitting an account’s name –– but including the account’s value –– on his Schedule B filing. According to the First Circuit, “[r]egardless of whether a creditor may reach an asset, the debtor still must disclose that asset’s existence.”1 Calling into question the debtor’s veracity due to his undisputed knowledge of the account, the First Circuit held that the account’s value alone was not a sufficient disclosure, and omission of the account’s name, for “no good reason,” cleared the materiality threshold for a false oath under 11 U.S.C. §727(a)(4)(A).

 

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