Hannon v. ABCD Holdings, LLC, No. 15-2269 (1st Cir. 2016)
Annotate this CasePatrick Hannon and his wife sought protection from their creditors by filing a voluntary bankruptcy petition under Chapter 11 of the Bankruptcy Code. Three companies filed an adversary complaint against Hannon in the bankruptcy proceeding objecting to his discharge in bankruptcy. The Companies then moved for partial summary judgment on their claim that Hannon had made a false oath or filed a false account in connection with his bankruptcy proceeding, and therefore, he should be denied a discharge. After a hearing, the bankruptcy judge granted summary judgment in favor of the Companies and refused to grant Hannon a discharge in bankruptcy. The First Circuit affirmed, holding that the Companies were entitled to judgment as a matter of law because Hannon made a false statement under oath in the course of his bankruptcy proceeding, Hannon did so knowingly and fraudulently, and the false statement related to a material fact.
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