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  • In Re James Michael Stripling Margaret Stripling, Debtors. Mill Creek Lumber & Supply Company v. James Michael Stripling Margaret Stripling, 947 F.2d 954, 10th Cir. (1991)

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    This document is a court order from the United States Court of Appeals for the Tenth Circuit in the case of In re James Michael Stripling and Margaret Stripling regarding the denial of a discharge in bankruptcy. The court affirmed the district court's ruling, finding that the bankruptcy court did not err in determining that the Striplings knowingly and fraudulently made false oaths and transferred and concealed assets with the intent to hinder, delay, and defraud a creditor. The Striplings argued that Mrs. Stripling was naive about business matters and Mr. Stripling exercised poor judgment, but the appellate court upheld the lower courts' rulings.

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    Filed: 1991-09-04 Precedential Status: Precedential Citations: 947 F.2d 954 Docket: 90-5260_1

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    This document is a court order from the United States Court of Appeals for the Tenth Circuit in the case of In re James Michael Stripling and Margaret Stripling regarding the denial of a discharge in bankruptcy. The court affirmed the district court's ruling, finding that the bankruptcy court did not err in determining that the Striplings knowingly and fraudulently made false oaths and transferred and concealed assets with the intent to hinder, delay, and defraud a creditor. The Striplings argued that Mrs. Stripling was naive about business matters and Mr. Stripling exercised poor judgment, but the appellate court upheld the lower courts' rulings.

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    4 views2 pages

    In Re James Michael Stripling Margaret Stripling, Debtors. Mill Creek Lumber & Supply Company v. James Michael Stripling Margaret Stripling, 947 F.2d 954, 10th Cir. (1991)

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    This document is a court order from the United States Court of Appeals for the Tenth Circuit in the case of In re James Michael Stripling and Margaret Stripling regarding the denial of a discharge in bankruptcy. The court affirmed the district court's ruling, finding that the bankruptcy court did not err in determining that the Striplings knowingly and fraudulently made false oaths and transferred and concealed assets with the intent to hinder, delay, and defraud a creditor. The Striplings argued that Mrs. Stripling was naive about business matters and Mr. Stripling exercised poor judgment, but the appellate court upheld the lower courts' rulings.

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    of 2

    947 F.

    2d 954
    NOTICE: Although citation of unpublished opinions remains unfavored,
    unpublished opinions may now be cited if the opinion has persuasive value on a
    material issue, and a copy is attached to the citing document or, if cited in oral
    argument, copies are furnished to the Court and all parties. See General Order of
    November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
    further order.

    In re James Michael STRIPLING; Margaret Stripling,


    Debtors.
    MILL CREEK LUMBER & SUPPLY COMPANY, Appellee,
    v.
    James Michael STRIPLING; Margaret Stripling, Appellants.
    No. 90-5260.

    United States Court of Appeals, Tenth Circuit.


    Sept. 4, 1991.

    Before STEPHEN H. ANDERSON, TACHA and BRORBY, Circuit


    Judges.
    ORDER AND JUDGMENT*
    TACHA, Circuit Judge.

    After examining the briefs and appellate record, this panel has determined
    unanimously that oral argument would not materially assist the determination
    of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore
    ordered submitted without oral argument.

    Debtors-appellants James Stripling and Margaret Stripling appeal a district


    court order affirming a bankruptcy court's judgment denying a discharge
    pursuant to 11 U.S.C. 727(a)(2) and (a)(3). On appeal, the Striplings argue
    the bankruptcy court's findings that they knowingly and fraudulently made false
    oaths and transferred and concealed assets with specific intent to hinder, delay,
    and defraud creditor-appellee Mill Creek Lumber & Supply Company are
    clearly erroneous. The Striplings contend simply that Margaret Stripling is

    naive about the business side of her medical practice, James Stripling exercised
    poor judgment, and their accountant and attorney made errors for which they
    should not be held accountable.
    3

    After carefully reviewing the record, we AFFIRM for substantially the same
    reasons as the district court. The mandate shall issue forthwith.

    This order and judgment has no precedential value and shall not be cited, or
    used by any court within the Tenth Circuit, except for purposes of establishing
    the doctrines of the law of the case, res judicata, or collateral estoppel. 10th
    Cir.R. 36.3

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