What is the test for denying a debtor's discharge under the Bankruptcy Code?
MultiRegion, United States of America
The following excerpt is from In re Leija, 270 BR 497 (Bankr. E.D. Cal. 2001):
The debtor's discharge can be denied under Bankruptcy Code section 727(a)(4)(A), only if he knowingly and fraudulently made a false oath, relating to a material fact. The burden of proof rests on the trustee. Boroff v. Tully (In re Tully) 818 F.2d 106, 110 (1st Cir.1987). The standard of proof in a dischargeability action is the preponderance of evidence. Grogan v. Garner, 498 U.S. 279, 291, 111 S.Ct. 654, 112 L.Ed.2d 755 (1991).
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