MEMORANDUM OPINION DOUGLAS D. DODD, Bankruptcy Judge. Plaintiff Manuel Persica, III contends that debtor Tommy Joe Gioele should lose his discharge because he transferred property before filing chapter 7, lied on his schedules of assets and debts and statement of financial affairs and sought to persuade a third party to take measures to discourage Persica from prosecuting his claim in Gioele's bankruptcy and this adversary proceeding. 11 U.S.C. 727(a)(2) and (4). 1 Although the debtor...
MEMORANDUM OPINION DOUGLAS D. DODD, Bankruptcy Judge. Plaintiffs Dennis and Ramona Lytle sued debtors Scott and Kimberly Weber for a declaration that the Webers' debt to the plaintiffs, now the subject of a state court default judgment, is nondischargeable under 11 U.S.C. 523(a)(2)(A), (a)(4) and (a)(6). This opinion explains the basis for the court's ruling that the Lytles' claim of $44,978 against the Webers is nondischargeable as to Kim Weber only. FACTS The plaintiffs sought to build...
MEMORANDUM OPINION DOUGLAS D. DODD, Bankruptcy Judge. Brian Bordelon, Jr. sued for a determination that his claim against debtor James Brad Boring is not dischargeable under 11 U.S.C. 523(a)(6). 1 The court heard testimony of the defendant and one of his former employees, the only two witnesses who testified in person at the dischargeability trial. It also considered transcripts and other excerpts of the record of the state court lawsuit that were admitted into evidence. In combination,...
MEMORANDUM OPINION DOUGLAS D. DODD, Bankruptcy Judge. Debtor Dean Bordelon seeks to exempt from his bankruptcy estate $355,130 in life insurance proceeds deposited into a trust from which he benefits. Creditor Royal Alliance Associates, Inc. ("Royal") objects to the exemption claim. 1 Bordelon is not entitled to the exemption. FACTS The debtor filed chapter 7 on March 3, 2010. He claimed as exempt $355,130 in life insurance proceeds paid, on account of the June 2004 death of his mother,...
