Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

One reason that a judge can deny or revoke a bankruptcy discharge is that the debtor lied about certain information in the bankruptcy process. However,

One reason that a judge can deny or revoke a bankruptcy discharge is that the debtor lied about certain information in the bankruptcy process. However, does that apply even if the information that was lied about turned out to be irrelevant? For example:

During Fiona's bankruptcy proceeding, she was asked whether she had ever been sued. Fiona responded that she had not. In fact, Fiona had once been sued for intentional infliction of emotional distress after a rather embarrassing incident that Fiona would rather not discuss. Therefore, she lied about never having been sued. It turns out that the referenced suit had been settled early in the case and the whole incident was many years ago and has no financial impact whatsoever on Fiona today. Fiona's debts were discharged in bankruptcy after the proceeding.

What if the creditors of the bankruptcy or the trustee want the discharge to be revoked because of Fiona's lie?

Should the judge revoke the discharge because of the lie even though it would not have had any impact on the case?

Review and cite the following case and find relevant citations in the U.S. Bankruptcy Code to support your argument.

Dale Alleman v. Brett J. Kitson, 341 Fed. Appx. 234 (7th Cir. 2009)

A full IRAC essay is appropriate for this assignment but is not necessary. You can answer probably construct a good answer in three to five well-organized paragraphs.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Researching The Law Finding What You Need When You Need It

Authors: Amy E. Sloan

3rd Edition

1543813364, 978-1543813364

More Books

Students also viewed these Law questions