Smith v. Jordan, 06-2154
Revocation of discharge affirmed in part. District court correctly determined that a Trustee seeking revocation of discharge under 727(a)(6)(A) must establish that debtor wilfully and intentionally refused to obey the court’s order, but incorrectly concluded that debtor’s failure to comply in this case was “willful” within the meaning of the statute.
In the Matter Of: Seven Seas Petroleum Inc., 07-20301
Secured creditor of bankrupt corporation sued in state court by an unsecured creditor of the corporation. Secured creditor had the claims against it removed to federal court and unsecured creditor sought to have the dispute remanded back to state court. Unsecured creditor’s motion was denied and case was dismissed. Ruling is vacated by the Appellate Court, which determined that the claims were not property of the bankruptcy estate and did belong in state court (motion to remand must be granted).