Cooke v. Renshaw (In re Cooke)

Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 7 months ago

Citation:

Cooke v. Renshaw (In re Cooke), Case No. CC-15-1037-KiTaKu (9th Cir. BAP, Jul. 22, 2016) (unpublished)

Tag(s):

Ruling:

Bankruptcy judgment denying debtor's discharge under § 727(a)(2)(A) affirmed.

Procedural context:

Appeal from the bankruptcy court for the Central District of California denying discharge under § 727(a)(2)(A), reviewed for clear error with respect to determination of historical facts, and reviewed de novo for selection of applicable legal rules and the application of the facts to those rules.

Facts:

Judgment creditor objected to debtor's discharge, claiming that debtor intended to hinder or delay creditor when debtor spent funds received from his insurer representing post-judgment interest. Debtor spent the funds prepetition and claimed to believe that the funds belonged to him. The bankruptcy court found that the debtor intended to hinder or delay the judgment creditor in his ability to collect on the judgment by transferring the funds, and the BAP affirmed.

Judge(s):

Kirscher, Taylor, and Kurtz

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