McDermott v. Swanson, No. 12-6028 (8th Cir. 2012)
Annotate this CaseDebtor filed for protection under Chapter 7 of the Bankruptcy Code. The United States Trustee subsequently filed a complaint seeking a denial of Debtor's discharge under 11 U.S.C. 727(a)(3) and (a)(5) based on Debtor's alleged failure to maintain adequate financial records and to satisfactorily explain a loss of assets. After Debtor filed his answer, the bankruptcy court granted the Trustee's motion for judgment on the pleadings to deny Debtor's discharge. The Eighth Circuit Court of Appeals reversed, holding (1) the pleadings contained insufficient facts to deny Debtor's discharge under section 727(a)(3) and (a)(5), and accordingly, the judgment on the pleadings motion should have been denied; and (2) collateral estoppel did not bar Debtor from denying the Trustee's allegations.
Court Description: Bankruptcy Appellate Panel. Bankruptcy court erred in granting the trustee's motion for judgment on the pleadings as the pleadings contained insufficient facts to deny debtor's discharge under 11 U.S.C. Sec. 727(a)(3) and 727(a)(5); state court judgment did not collaterally estop debtor from denying the trustee's allegations. [ August 16, 2012
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