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Thursday, March 24, 2011

Ind. Decisions - One Indiana decision today from 7th Circuit, and a bankruptcy decision

In U.S. v. Mitchell (SD Ind., Barker), a 9-page opinion, Judge Manion writes:

Rollie Mitchell was convicted for distributing cocaine base and sentenced to life imprisonment, in large part due to his participation in the murder of a confidential informant in his case. He appeals his sentence. We find that the district court properly calculated the guidelines range and did not improperly consider Mitchell’s exercise of his Sixth Amendment right to counsel. We therefore affirm.
In the bankruptcy decision, Nicholas and Penny Stamat v. U.S. Trustee, an 18-page opinion, Judge Williams writes:
Nicholas and Penny Stamat filed for bankruptcy under Chapter 7 of the Bankruptcy Code on July 26, 2007. The Trustee alleged that the Stamats omitted numerous assets and transactions from their filings and accompanying documentation, including past business interests, two limited partnerships, a $10,000 settlement payment, and $90,000 obtained through a refinancing of a second home, and misreported their 2006 income. The Trustee filed a complaint objecting to the discharge of the Stamats’ debt under 11 U.S.C. §§ 727(a)(2), (4), and (5), arguing that the Stamats concealed estate assets with the intent to defraud their creditors, fraudulently made false statements under oath, and failed to satisfactorily explain the loss of assets. The bankruptcy court denied discharge under all three grounds. The Stamats appealed that ruling to the district court, which affirmed the denial of discharge under section 727(a)(4) for fraudulently making a false oath. We also find that the Stamats made numerous omissions, that these omissions displayed a reckless disregard for the truth, and were material to the Stamats’ bankruptcy case. Therefore, we affirm the denial of discharge under section 727(a)(4).

Posted by Marcia Oddi on March 24, 2011 11:32 AM
Posted to Ind. (7th Cir.) Decisions