U.S. Trustee v. Arnold (In re Arnold) (Case No. 04-51787; A.P. No. 06-05016) 03/29/2007
The United States Trustee filed a Complaint to deny the debtor's discharge pursuant to 11 U.S.C. §§ 727(a)(2), (a)(4), and (a)(6). The United States Trustee has the burden of proving the objection to discharge, and must prove each element by a preponderance of the evidence. The Court found in favor of the debtor on all counts, concluding that the evidence supported the debtor's contention that she relied on the good faith advice of her attorney, and as such, could not be found guilty of intent to hinder, delay, or defraud a creditor or officer of the estate, or of making a fraudulent statement absent rebuttal evidence. Similarly, the debtor's evidence supported her contention that she was unable to comply with the Court's turnover order because her attorney failed to provide her with the paperwork.