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WEIL v. ELLIOTT

No. 16-55359.

859 F.3d 812 (2017)

Diane C. WEIL, Chapter 7 Trustee, Plaintiff-Appellant, v. Edward E. ELLIOTT, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2017.

Attorney(s) appearing for the Case

John Nowlan Tedford IV (argued) and Aaron E. de Leest , Danning Gill Diamond & Kollitz LLP, Los Angeles, California, for Plaintiff-Appellant.

Andrew Edward Smyth (argued), SW Smyth LLP, Los Angeles, California, for Defendant-Appellee.

Concurrence by Judge Christen.

OPINION

The debtor in this case, Edward Elliott, filed a Chapter 7 bankruptcy petition that fraudulently omitted a key asset: his own home. No one discovered the fraud while his bankruptcy case remained pending, and he eventually received a discharge of his debts under 11 U.S.C. § 727(a). Months later, the...

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