Premier Capital, LLC v. Crawford

Appellant, a financially sophisticated individual, petitioned for bankruptcy. A bankruptcy court denied the petition, in part, because Appellant omitted the existence of his Cash Balance Plan (CBP), a retirement account, from his Schedule B filing. When questioned on whether he had a CBP that he failed to list on his Schedule B, Crawford said, “I gave all this information to [my former attorney].” Crawford, however, did disclose the account’s value through inclusion with a second retirement account, a 401(k). The bankruptcy court concluded that Crawford’s failure to include his CBP in his schedule B amounted to a false oath. The District of Massachusetts affirmed the false oath claim. The First Circuit affirmed, holding that, by omitting an account from his Schedule B, Appellant committed a false oath. View "Premier Capital, LLC v. Crawford" on Justia Law