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In re: Swate v. Smith, 99-20286 (1999)

Court: Court of Appeals for the Fifth Circuit Number: 99-20286 Visitors: 32
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
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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opinion should not be published and is not precedent except under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.

Source:  CourtListener

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