Loghmani v. U.S. Trustee Goldman (In re Loghmani)

Citation:
9th Cir. BAP No. CC-14-1032-PaTaD (Feb. 2, 2015) (Unpublished)
Tag(s):
Ruling:
The BAP affirmed the bankruptcy court judgment denying the Debtor’s discharge pursuant to § 727(a)(2)(A) because he transferred property with the intent to hinder, delay, or defraud his creditors, and under § 727(a)(4)(A) because he failed to timely disclose his prepetition transfer of property.
Procedural context:
U.S. Trustee audited the Debtor's case and discovered two undisclosed transfers. The U.S. Trustee then filed an action to deny the Debtor's discharge under § 727(a). After trial, the bankruptcy entered judgment denying the discharge. The Debtor, acting in pro per at the trial and on appeal, appealed the judgment, and the BAP affirmed.
Facts:
After a jury verdict against the Debtor for a money judgment, he transferred a vacant lot to his son as partial payment of debt, and sold a car to the same son. He did not disclose the transfers in the schedules or statement of financial affairs, or at the 341 meeting. The Debtor testified he thought the property was his wife's separate property.
Judge(s):
PAPPAS, TAYLOR, and DUNN

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