In re MacDonald

3 Citing cases

  1. In re MacDonald

    114 B.R. 326 (D. Mass. 1990)   Cited 12 times
    Piercing the corporate veil in bankruptcy case to establish debtor as the equitable owner of corporate stock that ostensibly was owned by debtor's father, and therefore finding stock subject to turnover order

    Further, the bankruptcy court held that the debtor had concealed his beneficial interest in the stock, with the intent to hinder, delay or defraud his creditors within the meaning of 11 U.S.C. § 727(a)(2) and therefore was not entitled to a discharge in bankruptcy. In Re MacDonald, 101 B.R. 836, 844 (Bankr.D.Mass. 1989). The appellants now argue that the bankruptcy court made errors of law and fact in reaching its decisions to deny the debtor's discharge in bankruptcy and to order the turnover to the trustee of corporate stock held in the name of Earl MacDonald. The appellants urge this Court to reverse the bankruptcy court's judgments, and have asked the Court to schedule oral argument.

  2. In re Annunziata

    Case No. 06-14799-JNF, Adv. P. No. 07-1050 (Bankr. D. Mass. Feb. 12, 2008)   Cited 3 times

    In Bottone, the court noted that the doctrine of continuing concealment is "well recognized" in the Massachusetts. SeeShamban v. O'Brien (In re O'Brien), 190 B.R. 1, 4 (Bankr. D. Mass. 1995); Pelham Plate Glass, Inc. v. Charette (In re Charette), 148 B.R. 94, 96 (Bankr. D. Mass. 1992); Nelson v. Peters (In re Peters), 106 B.R. 1, 4-5 (Bankr. D. Mass. 1989);Cahillane v. MacDonald (In re MacDonald), 101 B.R. 836, 844 (Bankr. D. Mass. 1989), aff'd in part, rev'd in part, 114 B.R. 326, 334-35 (D. Mass. 1990). Thus, concealment of a property interest may be grounds for denial of a debtor's discharge, such as where a debtor has transferred property, but continues to use it as collateral, live there, make mortgage and other expense payments, and list it as an asset on a financial statement.

  3. In re Bottone

    209 B.R. 257 (Bankr. D. Mass. 1997)   Cited 19 times
    Finding that a motion for summary judgment on an alleged continuing concealment under § 727 could not be sustained due to a lack of verified allegations

    1992); Nelson v. Peters (In re Peters), 106 B.R. 1, 4-5 (Bankr.D.Mass. 1989); Cahillane v. MacDonald (In re MacDonald), 101 B.R. 836, 844 (Bankr.D.Mass. 1989), rev'd, 114 B.R. 326, 334-35 (D.Mass. 1990); see also Green v. Toy, 171 F.2d 979, 979 (1st Cir. 1949) (under Bankruptcy Act of 1898). This Court must confess some lack of reverence for that "doctrine."