The following excerpt is from Weiner, In re, 161 F.3d 1216 (9th Cir. 1998):
The result in this case might be different if the bankruptcy court had not been informed of the pending trustee-ordered appraisal prior to issuing its oral ruling, and if the bankruptcy court had not been informed of the value placed on the ring under the trustee-ordered appraisal prior to entering its written order denying the discharge. As the facts stand, however, we believe that the bankruptcy court made a clear error of judgment and therefore abused its discretion in denying the motion for reconsideration and entering the written order denying a discharge. See United States v. Simtob, 901 F.2d 799, 804 (9th Cir.1990). At a minimum, the bankruptcy court should have taken the trustee-ordered appraisal into consideration in determining whether Weiner "knowingly and fraudulently, in or in connection with the case ... made a false oath or account." 11 U.S.C. 727(a)(4)(A) (emphasis added). 5
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