DeNoce v. Neff

Creditor appealed the Bankruptcy Appellate Panel's (BAP) decision determining that the exception to discharge found in 11 U.S.C. 727(a)(2) did not apply to debtor. The court held that section 727(a)(2), which prevents the bankruptcy court from granting a debtor a discharge if the debtor improperly transferred property “within one year before the date of the filing of the petition” in bankruptcy, is not subject to equitable tolling. In this case, because the transfer of the Lake Harbor property took place more than one year before debtor filed his Chapter 7 bankruptcy petition and section 727(a)(2) is not subject to equitable tolling, debtor was not precluded from discharge of his debts under section 727(a)(2). Accordingly, the court concluded that the bankruptcy court properly granted summary judgment to debtor on this issue. View "DeNoce v. Neff" on Justia Law