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!

About us in numbers

3360 in the system

3239 Summarized

1 Being Processed