McDow v. Ryan (In re Ryan), No. 09-05029, 2011 BL 200251 (Bankr. E.D. Va. Aug. 2, 2011) The United States Bankruptcy Court for the Eastern District of Virginia granted a motion by the United States Trustee ("U.S. Trustee") for default judgment on its amended complaint seeking to deny a debtor’s discharge under 11 U.S.C. §§ 727(a)(2), (a)(3), (a)(4) and (a)(5). In entering a default, the court ruled that the debtor was in default for failing to file a responsive pleading to the amended complaint and, according to the merits of the claims, held that the U.S. Trustee had sufficiently alleged that the debtor made contradictory statements under oath regarding his true place of domicile and had failed to account more than $400,000 in missing cash.
Debtor’s Contradictory Statements under Oath and Repeated Failure to Appear
U.S. Trustee’s Motion Seeking to Deny Debtor’s Discharge
Court Rules Debtor Was in Default as to the Amended Complaint
Court Finds Denial of Discharge Was Warranted under §§ 727(a)(2) and (a)(3)
Court Also Denies Debtor’s Discharge under §§ 727 (a)(4) and (a)(5)
Court Grants U.S. Trustee’s Default Motion
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