Donahue v. Poole (In re Poole)
- Case Type:
- Consumer
- Case Status:
- Affirmed
- Citation:
- CC-16-1439-LTaKu (9th Circuit, Aug 21,2017) Not Published
- Tag(s):
-
- Ruling:
- Affirming the bankruptcy court's decision that plaintiff had failed to carry her burden of proving that a judgment debt, awarded as damages for an accident that occurred while the debtor allegedly was driving while impaired, were nondischargeable and that the debtor was not entitled to a discharge under § 727(a). In affirming the bankruptcy court's order, the BAP criticized the appellant for, among other things, not raising issues with the bankruptcy court and not presenting the BAP with a complete record.
- Procedural context:
- Before the commencement of the debtor's Chapter 7 case, a small claims court judgment had been entered against him for damages and injuries arising from a traffic accident. The debtor appealed, and the appeal was denied. The debtor then filed a Chapter 7 petition. The judgment creditor timely filed a nondischargeability complaint. The bankruptcy court held a trial and ruled in favor of the debtor.
- Facts:
- Before the commencement of the debtor's Chapter 7 case, a small claims court judgment had been entered against him for damages and injuries arising from a traffic accident. The complaint alleged that the debtor had testified under oath that he was driving while impaired when the accident occurred.
At trial, the plaintiff failed to adduce evidence that the debtor intended to cause harm to the plaintiff. Accordingly, plaintiff failed to satisfy her burden on the § 523(a)(6) claim. Likewise, the plaintiff produced no evidence that the debtor was impaired at the time of the accident, and the court dismissed the § 523(a)(9) claim.
Plaintiff's § 727 claims failed because: (1) the debtor's failure to list a trust as an asset was timely cured and the dedbtor did not have the intent to hinder, delay or defraud creditors by failing to initially list the trust; (2) the debtor's failure to keep books and records for a business that generated $391 per month in income was not material for purposes of § 727(1)(3); (3) plaintiff waived her false oath claim under § 727(a)(4) by failing to raise it in the bankruptcy court; (4) plaintiff failed to present a complete trial transcript so that the BAP could not review the bankruptcy court's decision on plaintiff's § 727(a)(5) claim; and (5) the bankruptcy court properly authorized its authority when it rejected plaintiff's claims that the debtor's failure to respond to subpoenas required a denial of discharge under § 727(a)(6).
- Judge(s):
- LAFFERTY, TAYLOR, KURTZ
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