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