preview

Kitson Bankruptcy Case

Decent Essays

BUSINESS LAW AND BANKRUPTCY PLG-105-1505 ASSIGNMENT NUMBER FIVE AN IRAC ESSAY STATEMENT OF FACTS Josh was asked during his bankruptcy proceeding if he was ever sued. Josh lied and said no, when he in fact was sued many years ago and has no financial impact on Josh today. In regards to the matter of Josh's decision to not speak about was settled previously. ISSUE Because of Josh's lie, what if the people Josh owes, his creditors and trustees, wants the discharge to be rescinded? Should the Judge withdraw the discharge based upon Josh's lie, even though it would not have any ramifications on this case? RULE Dale Alleman v. Brett J. Kitson, 341 Fed. Appx. 234. Appellant creditors, a corporation and its owner petitioned than an order of the …show more content…

Brett J. Kitson, 341 Fed. Appx. 234. in connection to the matter of Josh's lie will help decide whether or not this lie will set in motion 11 U.S.C.S §727(a), and whether or not Josh's dismissal will be rescinded. Josh lied during his his bankruptcy proceeding when he was asked whether he had ever been sued. He had, in actuality been sued years earlier for a deliberate infliction of demonstrative distress, and the event was humiliating to him and it was very awkward for him to talk about. Consequently, he lied, and said that he never been sued, The lie has no financial effect on the dilemma of Josh's bankruptcy situation. Under bankruptcy code section §727(a)(4) that forbids a discharge where the debtor, Josh knew due to his reluctance to discuss the incident, was knowingly deceitful, presented false testimony, concludes since it has no impact on this bankruptcy action, Josh did not essentially lie about being previously sued. As in Alleman v. Kitson, the court affirmed that the bankruptcy court was appropriate in their decision that since Kitson's financial documentation was immaterial the discharge was not barred under §727(a)(3). In connection, the bankruptcy court will determine that Josh was not in violation of breaking any bankruptcy

Get Access