Filed: Nov. 30, 1999
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 99-20286 Summary Calender _ In The Matter of: TOMMY E. SWATE, Debtor. _ TOMMY E. SWATE, Appellant, VERSUS W. STEVE SMITH, Appellee. _ Appeal from the United States District Court for the Southern District of Texas (H-96-CV-2164) _ November 26, 1999 Before DAVIS, EMILIO M. GARZA, and DENNIS Circuit Judges. PER CURIAM:* Tommy E. Swate, the debtor in a Chapter 7 bankruptcy petition, challenges the judgment rendered by the bankruptcy court a
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 99-20286 Summary Calender _ In The Matter of: TOMMY E. SWATE, Debtor. _ TOMMY E. SWATE, Appellant, VERSUS W. STEVE SMITH, Appellee. _ Appeal from the United States District Court for the Southern District of Texas (H-96-CV-2164) _ November 26, 1999 Before DAVIS, EMILIO M. GARZA, and DENNIS Circuit Judges. PER CURIAM:* Tommy E. Swate, the debtor in a Chapter 7 bankruptcy petition, challenges the judgment rendered by the bankruptcy court an..
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UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
___________________________
No. 99-20286
Summary Calender
___________________________
In The Matter of: TOMMY E. SWATE,
Debtor.
_________________________________
TOMMY E. SWATE,
Appellant,
VERSUS
W. STEVE SMITH,
Appellee.
___________________________________________________
Appeal from the United States District Court
for the Southern District of Texas
(H-96-CV-2164)
___________________________________________________
November 26, 1999
Before DAVIS, EMILIO M. GARZA, and DENNIS Circuit Judges.
PER CURIAM:*
Tommy E. Swate, the debtor in a Chapter 7 bankruptcy
petition, challenges the judgment rendered by the bankruptcy
court and affirmed by the district court denying Swate’s
discharge. The denial of discharge was predicated on §§
727(a)(2),(a)(3),(a)(4)(A),(a)(5) of the Bankruptcy Code for
inter alia Swate’s concealment of assets in the bankruptcy
proceeding. The only significant arguments Swate makes are: (1)
*
Pursuant to 5th Cir. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5th Cir. R. 47.5.4.
the bankruptcy court’s findings of concealment of assets are
clearly erroneous and (2) the Trustee failed to adequately plead
the doctrine of “continuing concealment” under which theory the
bankruptcy court allowed the Trustee to produce evidence of acts
of concealment more than one year before the bankruptcy petition
was filed.
Our review of the record reveals that the bankruptcy court’s
findings of multiple acts of concealment of assets is amply
supported by the record. We are also satisfied that the
Trustee’s suit, which alleged the specific items of property he
contended had been concealed, gave Swate adequate notice to
defend the Trustee’s claim of concealment of assets. The
bankruptcy court did not abuse its discretion in determining that
no specific allegation pleading “continuing concealment” was
required.
Because the courts below committed no reversible error the
judgment of the district court is affirmed.
AFFIRMED.