In a rare outcome, the court denied the debtor a discharge. The record showed that the debtor transferred property (residence, stock shares, boat, and two vehicles) to his wife shortly before judgments were entered against him in a state court lawsuit and within a few months before he filed a Chapter 7 petition. The debtor made these transfers to protect the assets from his creditors and prevent or discourage them in their collection efforts. A fresh start is a privilege, not a right, and debtors who transfer property for the purpose of keeping creditors from collecting valid debts forfeit that privilege.
Thursday, July 20, 2017