In Re John Michael Klapp and Mary Cook Klapp, Debtors. John Michael Klapp and Mary Cook Klapp v. Richard Landsman
Opinion
Opinion
The bankruptcy appellate panel (BAP) affirmed a decision of the bankruptcy court denying the Klapps a discharge from a debt which had been scheduled in a prior bankruptcy proceeding in which discharge had been revoked on the ground of fraudulent conduct by the Klapps. 24 B.R. 598 (Bkrtcy. 9th Cir.1982). We have jurisdiction under section 405(c)(2) of the Bankruptcy Reform Act of 1978 (the Reform Act), Pub.L. No. 95-598, § 405 (c)(2), 92 Stat. 2549 , 2685 (1978), and affirm.
Section 523(a)(9) of the Reform Act excepts from discharge any debt
11 U.S.C. § 523 (a)(9) (Supp. V 1981). Among the reasons to deny discharge under section 727(a)(2) is the debtor’s fraudulent concealment of his property within one year prior to the filing of the petition or concealment of the property of the estate after the date of filing. 11 U.S.C. § 727 (a)(2) (Supp. V 1981).
The Klapps concede that their debt to Landsman was listed by them in a prior 1978 bankruptcy proceeding in New York and that their discharge in that proceeding was revoked because they had fraudulently concealed property during the proceeding. The Klapps contend, however, that since the prior proceeding in which the debt to…