United States Fourth Circuit

Revocation of a bankruptcy discharge is affirmed in part where the district court correctly determined that a that a Trustee seeking a revocation of a discharge under 11 U.S.C. section 727(a)(6)(A) must establish that the debtor wilfully and intentionally refused to obey the court's order, but reversed where the debtor's failure to comply with the order was not willful.

Appellate Information

• Decided 04/03/2008
• Published 04/03/2008

Judges

• Before MICHAEL and GREGORY, Circuit Judges, and JOHN PRESTON BAILEY, Chief United States District Judge for the Northern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• Leonard David Levine, Childress, Flax, Levine, P.C., Virginia Beach, Virginia, for Appellant.  Tom Cain Smith, Jr., Virginia Beach, Virginia, for Appellee.