A Northern District of Illinois bankruptcy judge recently rejected a creditor’s attempt to nix a debtor’s discharge for fraud. The creditor alleged the debtor tried to escape his creditors by shedding assets before his bankruptcy filing and by not disclosing estate assets in his papers. Finding for the debtor after a bench trial, the Court …
Tag Archives: bankruptcy
Debtor’s Refusal to Return Electronic Data = Embezzlement – No Bankruptcy Discharge – IL ND
FNA Group, Inc. v. Arvanitis, 2015 WL 5202990 (Bankr. N.D. Ill. 2015) examines the tension between the bankruptcy code’s aim of giving a financial fresh start to a debtor and the Law’s attempt to protect creditors from underhanded debtor conduct to avoid his debts. After a 15-year employment relationship went sour, the plaintiff power washing company …
Failure to Disclose Claim in Bankruptcy Torpedoes Later Injury Suit
What happens if (a) you get injured (and you aren’t at fault and have a claim against the person who injured you) after you file for bankruptcy but (b) before you get a discharge and (c) you don’t inform the bankruptcy court of this claim? That’s the question examined in Schoup v. Gore, 2014 IL App (4th) 130911 (4th …
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