Mcallistaer v.Krengel Spamer & Vance, LLC

Mcallistaer v.Krengel Spamer & Vance, LLC (In re McAllister), No. CC-13-1578-BlPaKu (9th Cir. B.A.P. Aug. 13, 2014)
REVERSED and REMANDED for further proceedings to resolve genuine issues of material fact as to intent under section 727(a)(2).
Procedural context:
Debtor appeals the Bankruptcy Court's summary judgment denying debtor's discharge under sections 727(a)(2)(A) and 727(a)(3).
Appellee filed a complaint, followed by a motion for summary judgment, seeking denial of Appellant's discharge, contending that Appellant purposefully misrepresented her assets, liabilities, and other financial information in her bankruptcy schedules and statement of financial affairs. Appellee failed to even address the element of intent required under 727(a)(2), even acknowledging the existence of a factual dispute regarding intent. Appellant, in her declaration, as well as at the 2004 hearing, explained each of the issues raised by Appellee. Appellee failed to address the the adequacy of Appellant's record keeping, as required by 727(a)(3), and instead addressed the adequacy of Appellant's disclosures.
Blumenstiel, Pappas, and Kurtz.

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