Chen v. U.S. Trustee (In re Chen)
- Case Type:
- Consumer
- Case Status:
- Affirmed
- Citation:
- WW-17-1067-KuFB (9th Circuit, Oct 17,2017) Not Published
- Tag(s):
-
- Ruling:
- An individual's failure to keep records relating to alleged gambling debts and payments, the sale of her 2013 Lexus, and "millions in unexplained deposits and withdrawals into and out of [her] bank accounts in the two years preceding her petition" was sufficient evidence for the bankruptcy court to grant summary judgment on the trustee's objection to discharge.
- Procedural context:
- The debtor appealed the bankruptcy court's grant of summary judgment on the trustee's objection to discharge.
- Facts:
- The debtor, a Chinese national, had lived in the United States since 2o1o. In the years before her bankruptcy, she had a "spotty" employment history, yet owned a Lexus and real property. Further, she had a bank account which showed millions of dollars of unexplained deposits and withdrawals.
The debtor field a bankruptcy petition, alleging over $400,000 in gambling debts.
The trustee asked for documentation and conducted a Rule 2004 examination of the debtor. Even with the debtor's supplemental production of documents, the trustee could not pierce the fog surrounding the debtor's assets, liabilities, and financial condition. As a result, the trustee filed an adversary proceeding against the debtor asking that the court not grant the debtor a discharge.
The court granted summary judgment on the trustee's section 727(a)(3) claim.
- Judge(s):
- KURTZ, FARIS, and BRAND, Bankruptcy Judges
ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!
