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In re Landry

United States Bankruptcy Court for the Eastern District of Louisiana

350 B.R. 51 (2006)

Relevant factsFree

Mr. and Mrs. Landry (defendants) failed to disclose ownership of a Harley Davidson motorcycle in their Chapter 7 bankruptcy schedules; the chapter 7 trustee (plaintiff) received an anonymous letter alerting him to the hidden motorcycle a few months after filing, but didn't act on it until after the court had already discharged the Landrys' debts. Only once the trustee later followed up did the Landrys file amended schedules listing and claiming an exemption for the motorcycle; the trustee successfully objected to the exemption and had the motorcycle sold at auction for creditors' benefit, then sought to revoke the Landrys' discharge entirely under 11 U.S.C. §727(d)(1).

IssueFree

Whether a bankruptcy discharge may be revoked for the debtors' fraudulent omission of an asset, when the trustee received an anonymous tip about the hidden asset before discharge was granted but failed to investigate it until afterward.

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