《楊清泉律師專欄》ACCOUNTANT WITH MASTER’S DEGREE DENIED DISCHARGE(PARK II)
楊清泉律師事務所
《楊清泉律師專欄》ACCOUNTANT WITH MASTER’S DEGREE DENIED DISCHARGE(PART I)
The court denied the debtor’s discharge pursuant to Section 727(a)(4) which states that the court shall grant debtor a discharge unless… “The debtor knowingly and fraudulently, in or in connection with the case, (a)made a false oath or account; (b)presented or used a false claim; (c)gave, offered, received, or attempted to obtain money, property, or advantage, for acting or forbearing to act; or (d)withheld from an officer of the estate entitled to possession under this title, any recorded information, including books, documents, records, and papers, relating to the debtor’s property or financial affairs.”
“The court finds that the debtor knowingly and fraudulently made false oaths on his Schedules and statement of financial affairs by failing to disclose his interests and positions in the operating and non-operating entities. In the face of clear and u nambiguous directions on the Schedules and SOFA calling for disclosure of the identities of his stock ownership in corporations, the debtor failed to disclose the identity of several corporations in which he had an interest as of the petition date. I find not credible the debtor’s testimony that, by virtue of his training as an accountant and the alleged lack of value of his interests in the omitted entities, he did not appreciate the need to disclose these entities in his schedules,” the court said. Debtor then argued the Tiger Woods excuse. Debtor said that his pre-occupation with sex had led him to adultery and fornication causing him to completely forget about his equity interests in the 10 corporations. He said that he was going through sex rehabilitation but the court nevertheless denied discharge. “If Tiger’s wife divorced him, why should this court give you a discharge?” the court said.
Lawrence Bautista Yang is a graduate of Georgetown University Law Center and has been in law practice for thirty years. He specializes in bankruptcy, business and civil litigation and has handled more than four thousand successful bankruptcy cases in California. He speaks Mandarin and Fujien and looks forward to discussing your case with you personally. Please call (626) 284-1142 for an appointment at 1000 S Fremont Ave Bldg A-1 Suite 1125 Unit 58 Alhambra, CA 91803.
The court denied the debtor’s discharge pursuant to Section 727(a)(4) which states that the court shall grant debtor a discharge unless… “The debtor knowingly and fraudulently, in or in connection with the case, (a)made a false oath or account; (b)presented or used a false claim; (c)gave, offered, received, or attempted to obtain money, property, or advantage, for acting or forbearing to act; or (d)withheld from an officer of the estate entitled to possession under this title, any recorded information, including books, documents, records, and papers, relating to the debtor’s property or financial affairs.”
“The court finds that the debtor knowingly and fraudulently made false oaths on his Schedules and statement of financial affairs by failing to disclose his interests and positions in the operating and non-operating entities. In the face of clear and u nambiguous directions on the Schedules and SOFA calling for disclosure of the identities of his stock ownership in corporations, the debtor failed to disclose the identity of several corporations in which he had an interest as of the petition date. I find not credible the debtor’s testimony that, by virtue of his training as an accountant and the alleged lack of value of his interests in the omitted entities, he did not appreciate the need to disclose these entities in his schedules,” the court said. Debtor then argued the Tiger Woods excuse. Debtor said that his pre-occupation with sex had led him to adultery and fornication causing him to completely forget about his equity interests in the 10 corporations. He said that he was going through sex rehabilitation but the court nevertheless denied discharge. “If Tiger’s wife divorced him, why should this court give you a discharge?” the court said.
Lawrence Bautista Yang is a graduate of Georgetown University Law Center and has been in law practice for thirty years. He specializes in bankruptcy, business and civil litigation and has handled more than four thousand successful bankruptcy cases in California. He speaks Mandarin and Fujien and looks forward to discussing your case with you personally. Please call (626) 284-1142 for an appointment at 1000 S Fremont Ave Bldg A-1 Suite 1125 Unit 58 Alhambra, CA 91803.
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