Judge Norman Mordue
Hyde’s Chapter 7 case was closed in June 2010 after debts were discharged in May. A Feb. 2, 2011, adversary proceeding to revoke discharge was grounded on information that Hyde lived and worked in Ohio since October 2008 and had a bank account, in a sister’s name, into which his bi-weekly paychecks were deposited. After a March 2012 oral argumentwhere Hyde acknowledged the depositsthe bankruptcy judge revoked discharge. The trustee proved Hyde obtained discharge through fraud under 11 USC §727(d)(1) based on evidence he hid $50,948, hid his Ohio residency, and hid ownership of the bank account. On appeal, district court upheld bankruptcy court’s March 27, 2012, revocation of discharge. Rejecting Hyde’s claimed denial of his right to jury trial in the adversary proceeding the court, citing McClamrock v. Eli Lilly, held the bankruptcy judge correctly found no disputed factual issue. Thus, Hyde had no right to a jury trial. The bankruptcy judge also correctly held trustee Davis showed Hyde obtained discharge through fraud, and knowingly and fraudulently failed to report or deliver property "that is property of the estate" contrary to 11 USC §727(d)(1) and (2).