Brandenfels v. Ticor Title Insurance Co. (In re Brandenfels)

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. OR-14-1145-FJuKi (October 7, 2015)
Tag(s):
Ruling:
The Ninth Circuit Bankruptcy Appellate ("BAP") entered its unpublished opinion affirming the bankruptcy court's decision denying Sally J. Brandenfels' ("Debtor") discharge pursuant to 11 U.S.C. Sec. 727(a)(3).
Procedural context:
The Debtor appeals the bankruptcy court's decision denying the entry of the Debtor's discharge pursuant to 11 U.S.C. Sec. 727(a)(3). 11 U.S.C. Sec. 727(a)(3) is to make discharge dependent on the debtor's true presentation of their financial affairs. The Debtor had an affirmative duty to create and record books and records accurately.
Facts:
Oregon Holly Company (“Oregon Holly”) is owned and operated by the Debtor or her husband and is engaged in the business of producing and selling holly wreaths. In 2008 the Debtor or her husband incorporated Oregon Holly Wreaths Company (“Oregon Holly Wreaths”) in Oregon. Appellee Ticor Title Insurance Co. (“Ticor”) alleges that Oregon Holly Wreaths “actually conducts no business, or simply conducts the business of Oregon Holly Company, under a new name.” In 2012 Ticor obtained a judgment against the Debtor and Oregon Holly based on breach of contract. Ticor pursued collection of the judgment, and the Debtor created new bank accounts to avoid the collection. The Debtor commingled many personal and business transactions, or did not even records certain purported business transactions in the business financials. The Debtor commenced a Chapter 7 bankruptcy and Ticor timely commenced an adversary seeking to deny the Debtor's discharge pursuant to 11 U.S.C. Sec. 727(a)(3).
Judge(s):
FARIS, JURY and KIRSCHER, Bankruptcy Judges

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