TSCA–234 Limited Partnership v. Gregory A. Moseman and Jacalyn Moseman (In re Moseman)
Jul 15, 2010OUTCOME: Debtor successfully overcame challenges to homestead exemption
1 debtors' prepetition abandonment of one residence in which they lacked any equity and relocation to another homestead that they already owned, and in which they had at least some equity, was not “tra ... nsfer” of any interest of debtors in property, of kind required to deny them a discharge on fraudulent prepetition transfer theory; 2 creditor failed to show that any such transfer was effected with actual fraudulent intent; 3 various omissions from debtors' bankruptcy schedules and statement were not in nature of “false oaths”; and 4 creditor failed to show that any false oaths were made with requisite intent to deceive.