Filed: Nov. 08, 2010
Latest Update: Feb. 21, 2020
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ FILED U.S. COURT OF APPEALS No. 10-11232 ELEVENTH CIRCUIT Non-Argument Calendar NOVEMBER 8, 2010 _ JOHN LEY CLERK D.C. Docket No. 2:09-cv-01108-JFG In Re: John A. King Debtor. - JOHN A. KING, lllllllllllllllllllllPlaintiff-Appellant. versus RENEE BLACKMAN, H. SLOAN BLACKMAN, MISTY D. SHEPHARD, llllllllllllllllllllDefendants-Appellees, _ Appeal from the United States District Court for the Northern District of Alaba
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ FILED U.S. COURT OF APPEALS No. 10-11232 ELEVENTH CIRCUIT Non-Argument Calendar NOVEMBER 8, 2010 _ JOHN LEY CLERK D.C. Docket No. 2:09-cv-01108-JFG In Re: John A. King Debtor. - JOHN A. KING, lllllllllllllllllllllPlaintiff-Appellant. versus RENEE BLACKMAN, H. SLOAN BLACKMAN, MISTY D. SHEPHARD, llllllllllllllllllllDefendants-Appellees, _ Appeal from the United States District Court for the Northern District of Alabam..
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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 10-11232 ELEVENTH CIRCUIT
Non-Argument Calendar NOVEMBER 8, 2010
________________________ JOHN LEY
CLERK
D.C. Docket No. 2:09-cv-01108-JFG
In Re: John A. King Debtor.
----------------------------------------------------------------------------------------------------
JOHN A. KING,
lllllllllllllllllllllPlaintiff-Appellant.
versus
RENEE BLACKMAN,
H. SLOAN BLACKMAN,
MISTY D. SHEPHARD,
llllllllllllllllllllDefendants-Appellees,
_______________________
Appeal from the United States District Court
for the Northern District of Alabama
________________________
(November 8, 2010)
Before TJOFLAT, CARNES and PRYOR, Circuit Judges.
PER CURIAM:
John King appeals pro se a judgment in favor of Renee Blackman, Sloan
Blackman, and Misty Shephard in their adversary proceeding against King in his
bankruptcy proceeding. The bankruptcy court ruled that King’s debts were
nondischargeable because he made false oaths about the existence of financial
records and about his examination and approval of a statement of financial affairs
and schedules accompanying his petition for bankruptcy. 11 U.S.C. § 727(a)(4).
We affirm.
King argues there was insufficient evidence to prove he made false oaths,
but we disagree. King’s statement of financial affairs and schedules omitted assets
and interests in entities and trusts that were relevant to determining his financial
condition. See Swicegood v. Ginn,
924 F.2d 230, 232 (11th Cir. 1999); Chalik v.
Moorefield,
748 F.2d 616, 618–20 (11th Cir. 1984). The bankruptcy court was
entitled to find that King’s omissions were intentional and to discredit his evasive
and inconsistent testimony. See
Chalik, 748 F.2d at 619. The bankruptcy court
did not clearly err by denying King a discharge.
King makes two other complaints about the adversary proceeding, but both
complaints are meritless. First, King argues that the bankruptcy court omitted
findings of fact from its written order, but the bankruptcy court made extensive
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oral findings of fact during the adversarial hearing. King cites no authority that
requires a bankruptcy court to make its findings in a written order. Second, King
complains that the bankruptcy judge was biased, but King failed to raise that
objection in the bankruptcy court. The bankruptcy judge had the discretion to
question King, comment on the evidence and his knowledge of other proceedings
that related to King’s petition for bankruptcy, and admonish King to respond to
questions. See Fed. R. Evid. 614(b); Hanson v. Waller,
888 F.2d 806, 812–13
(11th Cir. 1989) (discussing Moore v. United States,
598 F.2d 439, 442 (5th Cir.
1979)). The record does not support King’s argument that the bankruptcy judge
abused that discretion.
The judgment in favor of the Blackmans and Shephard is AFFIRMED.
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