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106040P.pdf 11/29/2010 Gene W. Doeling v. Chad R. Toftness
U.S. Court of Appeals Case No: 10-6040
U.S. Bankruptcy Court for the District of Minnesota - Fergus Falls
[PUBLISHED] [Saladino, Author, with Federman and Venters,
Bankruptcy Judges]
Bankruptcy Appellate Panel - revocation of discharge. Bankruptcy
court's decision to revoke discharge based on failure to disclose interest
in two limited liability companies and promissory note payments flowing
into debtor's bank account and the accounts of the limited liability
companies both pre- and post- bankruptcy is affirmed. Bankruptcy court
did not commit clear error in finding the debtor had acquired an interest
in the limited liability companies and promissory note, in finding debtor
failed to deliver the note proceeds or any interests in the companies to the
trustee, in concluding the failure was fraudulent or in concluding the
debtor's testimony was not credible.