Denial of discharge under 11 U.S.C. § 727(a)(4)(A) for Debtor's knowing and fraudulent failure to disclose on her SOFA and Schedules $480,000 of income in 2008, 2009 and 2010 and a Rolex watch, among other things.
At trial, Debtor admitted to failing to disclose $120,000 of rental income in 2008. She asserted that another $360,000 of undisclosed deposits into her personal accounts was not from income, but rather gifts and loan repayments. Because the definition of income for purposes of Questions 1 and 2 on the SOFA includes any receipt of money, the Court found the gifts and loan repayments should have been disclosed. Furthermore, in her 2009 divorce settlement agreement, Debtor acknowledged having sufficient income to support her children, but she disclosed no income for 2009 on her SOFA.
Debtor admitted to failing to disclose the Rolex, but testified she did not think she had to do so because it was "aftermarket" and, in her opinion, not worth anything. The Court found it was not Debtor's place to determine whether the watch was worth disclosing.
The Court found these and other omissions to be false oaths under § 727(a)(4)(A).
File:
Judge:
Date:
10/27/2011