Spokane Law Enforcement Credit Union v. Barker

(United States Ninth Circuit) – In a Chapter 13 proceeding, the Bankruptcy Appellate Panel’s affirmance of the bankruptcy court’s decision to disallow a creditor’s late-filed claims is affirmed where: 1) if a creditor wishes to participate in the distribution of a debtor’s assets under a Chapter 13 plan, it must file a timely proof of claim under Federal Rule of Bankruptcy Procedure 3002; and 2) the debtor’s acknowledgment of debt owed to the creditor in a bankruptcy schedule does not relieve the creditor of this affirmative duty.

Premier Capital, LLC v. Crawford

(United States First Circuit) – Bankruptcy Court’s denial of debtor’s Chapter 11 petition is affirmed where omitting an asset’s name but including the asset’s value on a Schedule B form does not clear the materiality threshold for a false oath claim under 11 U.S.C. section 727(a)(4)(A) because: 1) by omitting the existence of a cash balance plan (CBP), a creditor would not otherwise know of the plan’s existence; 2) creditors have a right to investigate the history of a debtor’s asset and if a debtor fails to disclose the existence of an asset, then a creditor may not be able to engage in due diligence.

Hannon v. ABCD Holdings, LLC

(United States First Circuit) – In a Chapter 11 case, the debtor’s appeal of the District Court’s decision affirming the Bankruptcy Court’s denial of petition for discharge of bankruptcy pursuant to 11 U.S.C. section 727(a)(4)(A) is affirmed where debtor made false material statements with respect to disbursements made on his behalf by third parties during the bankruptcy proceeding.