In re Cooper, (Bkrtcy.E.D.Ark.)

January 23, 2009: Discharge - Sins of debtor-husband could not be visited on debtor-wife for denial of discharge purposes.

A Chapter 7 debtor-husband's fraudulent intent, in failing to disclose on the statement of financial affairs (SOFA) certain stock transactions that generated more than $275,000 for the debtors, a substantial portion of their liquid assets on the eve of their bankruptcy filing, could not be imputed to the debtor-wife, for purpose of denying her a discharge based on her material false oaths. The debtor-wife was a stay-at-home "soccer mom," who was not involved in her husband's business dealings, and who, while generally aware that her husband at one point sold his stock, did not know the details of these transactions, including what he received and precisely when the transactions took place. The debtor-husband alone signed the transfer documents, and the proceeds from these stock sales were deposited in his individual account.