Christopher Phillips v. United States Trustee

MEMORANDUM

Christopher B. Phillips, a Chapter 7 debtor, appeals pro se from the Bankruptcy Appellate Panel’s (“BAP”) judgment affirming the bankruptcy court’s denial of Phillips’s discharge in bankruptcy. We have jurisdiction under 28 U.S.C. § 158 (d). We review de novo the bankruptcy court’s conclusions of law, and for clear error its factual findings, including those regarding fraudulent intent and materiality. Candland v. Ins. Co. of N. Am. (In re Candland), 90 F.3d 1466, 1469 (9th Cir.1996). We affirm.

The bankruptcy court did not commit clear error in finding that Phillips knowingly and fraudulently made material false oaths when he failed to disclose on his bankruptcy schedules a disability insurance claim that he was actively pursuing and, thus, it properly denied Phillips’s discharge under 11 U.S.C. § 727 (a)(4)(A). See Retz v. Samson (In re Retz), 606 F.3d 1189, 1197-99 (9th Cir.2010) (discussing elements of a denial of discharge under § 727(a)(4)(A)).

The bankruptcy court did not commit clear error in finding that Phillips intended to hinder, delay, or defraud his creditors by failing to disclose his disability claim; hence, it properly denied Phillips’s discharge…