UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA
IN RE: SHELBY L. ROBERT BETTY C. ROBERT DEBTORS
CASE NO. 01-11759
CHAPTER 7
RIVER PARISHES FINANCIAL OF GONZALES, L.L.C. PLAINTIFF V. SHELBY L. ROBERT and BETTY C. ROBERT DEFENDANTS
ADV. NO. 02-1118
MEMORANDUM OPINION River Parishes Financial Services of Gonzales, L.L.C. (“River Parishes”) sued debtors Shelby and Betty Robert to prevent their discharge pursuant to 11 U.S.C. §§727(a)(4)(A) and 727(a)(2)(B).1 River Parishes complains about several erroneous listings and omissions from the schedules or statement of financial affairs. Shelby Robert (“debtor” or “Robert”) does not dispute having made several scheduling errors and omissions, but contends that all the omissions were inadvertent and
River Parishes’ complaint was tried on April 28, 2003 and, after the case in chief was concluded, the Court dismissed the complaint against Betty Robert only on partial findings pursuant to Fed. R. Bankr. Proc. 7052(c).
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immaterial.2 To prevail under §727(a)(4)(a), River Parishes must prove that: (1) The debtor made a statement under oath; (2) The statement was false; (3) The debtor knew the statement was false; (4) The debtor made the statement with fraudulent intent; and (5) The statement related materially to the bankruptcy case. Matter of Beaubouef, 966 F.2d 174, 178 (5th Cir. 1992).3 The Court agrees that under Beaubouef, some of the debtor