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Daniel J. Casamatta, Acting U.S. Trustee v. Karen Wright (In re Wright), Ch. 7, BK21-80939, A22-8011 (Sept. 7, 2022)

The court denied the pro se debtor a discharge under ยงยงย 727(a)(2), (a)(3), (a)(4) and (a)(5), finding after a trial that the debtor misrepresented her true financial position in her schedules and statement of financial affairs. She amended these only after the U.S. Trustee investigated, found discrepancies, and filed a motion to dismiss for bad faith. The discrepancies were material and numerous, and the cumulative effect and nature of the falsehoods demonstrated a pattern of reckless and cavalier disregard for the truth and established the requisite fraudulent intent.

The court also found that the debtor transferred and concealed large amounts of cash and other property both pre-petition and post-petition, with many of the transfers of personal property and cash occurring after she decided to file for bankruptcy. The evidence demonstrated her intent to hinder and delay creditors.

Likewise, the debtor failed to keep adequate financial records, choosing instead to operate on a cash basis and failing to account for how the cash was spent. She also failed to explain the loss or deficiency of her assets.

Wednesday, September 7, 2022
Judge Brian S. Kruse