Den Beste v. Power (In Re Den Beste)

MEMORANDUM

In these consolidated appeals, Paul Den Beste, a chapter 7 debtor, appeals pro se from the Bankruptcy Appellate Panel’s (“BAP”) judgment affirming the bankruptcy court’s order denying Den Beste’s motion to dismiss the adversary proceeding and its post-trial decision that Den Beste was not entitled to a discharge under 11 U.S.C. § 727 (a)(4)(A) and (a)(2)(B). We have jurisdiction under 28 U.S.C. § 158 (d). We review de novo BAP decisions, and apply the same standard of review that the BAP applied to the bankruptcy court’s ruling. Boyajian v. New Falls Corp. (In re Boyajian), 564 F.3d 1088, 1090 (9th Cir.2009). We affirm.

In appeal no. 12-60079, the bankruptcy court properly denied the debtors’ motion to dismiss because appellee had standing as a creditor to file an adversary proceeding objecting to Den Beste’s discharge. See 11 U.S.C. § 727 (c)(1) (creditor may object to discharge under § 727(a)).

In appeal no. 12-60080, the bankruptcy court did not commit clear error in finding that the debtors knowingly and fraudulently made material false oaths when they failed to disclose on their bankruptcy schedules numerous assets, including their interests in vehicles, a…