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U.S. Bank N.A. v. Charles Robert Welshiemer & Delores E. Welshiemer (In re Welshiemer), Ch. 7, BK05-85290, A06-8006 (Dec. 5, 2006)

In this adversary proceeding concerning the dischargeability of a judgment debt owed to the plaintiff, as well as a request for a denial of discharge for concealment of financial information, the debtors did not respond to the plaintiff’s request for production of documents until the court ordered them to do so. The debtors eventually produced some of the tax returns and other documents sought, but did not provide tax returns for their affiliated entities, saying the entities had not filed tax returns and therefore could not provide them. The plaintiff requested sanctions for failure to timely comply with discovery orders, suggesting that entry of a judgment excepting the debt from discharge and denying the debtors a discharge would be appropriate. The court called the request “too onerous” in light of the debtors’ late but ultimate compliance with most of the request, and gave the debtors additional time to produce the rest of the materials, although the court warned it would consider imposing the sanctions requested if the debtors failed to comply.

Tuesday, December 5, 2006
Judge Timothy J. Mahoney (Retired)