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Smith v. Bowen (In re Bowen) (Case No. 12-60622; A.P. No. 12-06099) 10/04/2013

Plaintiff filed a complaint alleging that the debtor transferred property within one year of her bankruptcy with the intent to hinder, delay, or defraud the plaintiff and, therefore, should be denied a discharge in her underlying bankruptcy case pursuant to 11 U.S.C. § 727(a)(2)(A).  The court determined that the debtor did not have the actual intent to hinder, delay, or defraud the plaintiff.  Without proof of actual intent by a preponderance of the evidence, the plaintiff did not carry her burden, and her request to deny the debtor’s discharge was denied.

Date: 
Friday, October 4, 2013
Category: 
Adversary Proceedings
Burden of Proof
Chapter 7 Issues
Dischargeability
Chapter: 
7