Case Summary:
Bankruptcy trustee sought to compel answers to various discovery questions which the debtor had answered in a vague and evasive fashion. The court granted the motion. Thereafter, the trustee sought answers to these questions in a hearing before the court. At the conclusion of the hearing, the trustee requested default judgment on his complaint objecting to the debtor’s discharge on the basis that the debtor continued to refuse to answer the discovery questions. The court held that the debtor’s failure to respond justified imposition of the extreme sanction of judgment on the pleadings. The debtor had received ample opportunity to make full disclosure to the court and the trustee. Accordingly, judgment was entered denying the debtor’s discharge.
Statue/Rule Reference:
11 U.S.C. § 727 -- Discharge
Fed. R. Civ. P. 37 -- Failure to Make Disclosure or Cooperate in Discovery: Sanctions
Key Terms:
Discharge