The court denied the debtor’s discharge under 11 U.S.C. § 727(a)(2)(B) by applying the reverse alter ego theory and finding that the debtor’s failure to list certain real estate owned by a corporation in which the debtor was the majority and controlling shareholder and which had significant personal value to her, constituted a concealment of estate property with the intent to defraud the bankruptcy trustee. The court also denied the debtor’s discharge under 11 U.S.C. § 727(a)(4)(A), and found that the debtor’s listing of her corporate stock interest at a zero value in her schedules constituted a false oath.
The court ruled that an adversary proceeding brought under 11 U.S.C. § 727(d)(1) must be brought within the jurisdictional time limitation set forth in 11 U.S.C. § 727(e).
In a dispute over the proper amount of a claim arising from the damage provision of a lease contract, the court followed the fundamental rule of statutory construction that ambiguous contract provisions should be construed against the drafter.
Adversary proceeding involving the debtor's remaining obligation to non-filing ex-spouse of $14,500 (payable at the rate of $500 per month over 36 months and labeled as "maintenance payments" in the marital settlement agreement) which was determined by the court to be a maintenance debt which is nondischargeable under 11 U.S.C. Sec. 523(a)(5).