United States First Circuit

Bankruptcy Court's denial of debtor's Chapter 11 petition is affirmed where omitting an asset's name but including the asset's value on a Schedule B form does not clear the materiality threshold for a false oath claim under 11 U.S.C. section 727(a)(4)(A) because: 1) by omitting the existence of a cash balance plan (CBP), a creditor would not otherwise know of the plan's existence; 2) creditors have a right to investigate the history of a debtor's asset and if a debtor fails to disclose the existence of an asset, then a creditor may not be able to engage in due diligence.

Appellate Information

• Published 2016/10/24

Judges

• McCONNELL

Court

• United States First Circuit

Counsel