DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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056033P.pdf 11/14/2005 Michael W. Ellsworth v. Vicki Jo Bauder
U.S. Court of Appeals Case No: 05-6033
Northern District of Iowa
[PUBLISHED] [Venters, Author, with Schermer and Federman,
Bankruptcy Appellate Panel Judges]
Bankruptcy Appellate Panel. Bankruptcy court's decision denying
discharge under section 727(a)(4) is reversed. Bankruptcy court clearly
erred in finding debtor's failure to list diamond ring on original schedules
constituted a false oath, as explanations for not listing the ring were
complementary, not contradictory, debtor listed the ring in her amended
schedule, omission was not material, and debtor had limited education.
Dissent by Judge Schermer.