Killingsworth v. Killingsworth (In Re Killingsworth) , 100 F. App'x 144 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-2370
In Re: JAMES LAWRENCE KILLINGSWORTH,
Debtor.
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JAMES LAWRENCE KILLINGSWORTH,
Plaintiff - Appellant,
versus
BARBARA KILLINGSWORTH,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Richard L. Voorhees,
District Judge. (CA-02-412-3; BK-01-31338)
Submitted: April 30, 2004 Decided: June 4, 2004
Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
R. Keith Johnson, P.A., Charlotte, North Carolina, for Appellant.
James H. Henderson, JAMES H. HENDERSON, P.C., Charlotte, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
James Lawrence Killingsworth appeals from the district
court’s order affirming the bankruptcy court’s order denying him a
discharge of his debts under Chapter 7 of the Bankruptcy Code.
Finding no clear error in the bankruptcy court’s factual
determinations concerning Killingsworth’s entitlement to a
discharge, we affirm.
The Bankruptcy Code provides that a discharge of debt
shall be granted under Chapter 7 unless, among other things, the
debtor knowingly and fraudulently made a false oath, which is
material to the bankruptcy estate. 11 U.S.C. § 727(a)(4)(A)
(1994); Williamson v. Fireman’s Fund Ins. Co., 828 F.2d 249, 251
(4th Cir. 1987). Whether a debtor knowingly and fraudulently made
a false oath within the meaning of § 727(a)(4)(A) is a question of
fact, which will not be overturned unless found to be clearly
erroneous. See Bankr. R. Bankr. 8013; Williamson, 828 F.2d at 251.
We have reviewed the record and the parties’ briefs and
find no clear error in the bankruptcy court’s determination that
Killingsworth’s failure to disclose the transfer of assets and
income to his wife constituted a false oath within the meaning of
§ 727(a)(4)(A). Accordingly, we affirm for the reasons stated by
the district court. See Killingsworth v. Killingsworth (In re
Killingsworth), No. CA-02-412-3; BK-01-31338 (W.D.N.C. Sept. 15,
2003). We dispense with oral argument because the facts and legal
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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
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