In re J Graham Zahoruiko
| J. Graham Zahoruiko |
| Premier Capital, LLC |
| David M. Nickless |
| 4:2013cv40142 |
| December 3, 2013 |
| US District Court for the District of Massachusetts |
| Worcester Office |
| Worcester |
| William G. Young |
| Appeal |
| 28 U.S.C. ยง 1334 |
| None |
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Filing
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Judge William G. Young: ORDER entered. MEMORANDUM AND ORDER"In arguing his appeal, Zahoruiko makes much of theproposition that the Bankruptcy Code is designed to encourageand accommodate fresh starts for petitioners encumbered bydebt, and he is right to do so. This Court adheres to thepresumption that, much of the time, debtors ought receive thedischarges they seek. But this entitlement is not withoutlimitations, and one of them is that discharge may be denied ifthe debtor has knowingly an d fraudulently made a false oath inconnection with his bankruptcy case. 11 U.S.C. § 727(a)(4)(A).The purpose of this section is to make certain that those whoseek the shelter of the bankruptcy code do not play fast andloose with their assets or with the reality of their affairs.In re Tully, 818 F.2d at 110. The Bankruptcy Courts findings and conclusions that Zahoruiko falls within the scope of thisexception were not clearly erroneous, and they were legallysound. For the foregoing reasons, the Court AFFIRMS theBankruptcy Courts judgment.SO ORDERED."(Sonnenberg, Elizabeth)
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