Defendant.
COMPLAINT OBJECTIN G TO DEBTOR’S DISCHARGE
W. Clarkson McDoW, Jr., the United States Trustee for Region Four, which includes the District of Maryland, pursuant to 727 of the United States Bankruptcy Code and Rule 700l(4) of the Federal Rules of Bankruptcy Procedure, files this complaint for denial of debtor’s discharge and as grounds therefor respectfully represents as follows:
IURISDICTION., VENUE AND STANDING
1. This Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157(a) and 13 34 and Rule 402 ofthe Local Rules for the United States District Court for the District
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of Maryland. 2. Venue is proper in this Court pursuant to 28 U.S.C. § 1409(a). 3. This adversary proceeding is a core proceeding under 28 U.S.C. § 157(b)(2)(J). 4. The United States Trustee has standing to bring this action pursuant to 11
THE PARTIES 5. W. Clarkson MCDOW, Jr. (the “United States Trustee”) is the United States
Trustee for Region Four duly appointed as such pursuant to 28 U.S.C. § 581(a)(4). 6. Roger Dherlin (“Debtor”) is the debtor in the abovecaptioned Chapter 7
bankruptcy proceeding. 7. The deadline for objecting to Debtor’s discharge is August 10, 2010. (See dkt.
no. 41.) FACTS COMMON TO ALL COUNTS
8. On December 31, 2009, Debtor ñled a voluntary petition for relief under Chapter 7 ofthe United States Bankruptcy Code. 9. Zvi Guttman, Esquire, was appointed interim trustee and, pursuant to 702(d) of the Bankruptcy Code, now sen/es as the trustee in the case. (See dkt. no. 5.) 10. Pursuant to 341 of the Bankruptcy Code, a meeting of creditors was scheduled for February 9, 2010 at 10:00 a.m. (See dkt. no. 5.)
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11. The meeting was then rescheduled for March 17, 2010 at 1:00 p.m. (See dkt. no. 18.) 12. Although the meeting of creditors began on March 17, 2010 as scheduled, it was not completed because Debtor indicated he had a flight scheduled to his home in Costa Rica. 13. After Debtor refused to reschedule the continuation of his meeting of creditors voluntarily, the Chapter 7 Trustee ñled a Motion to Compel Debtor to Appear at Continued Meeting of Creditors. (See Dkt. no. 37.) 14. On April 30, 2010, the Court entered an Order granting the Chapter 7 Trustee’ s motion and ordered that Debtor appear for a continued meeting of creditors within 21 days. (See dkt. no. 38.) 15. A continued meeting of creditors was scheduled for June 9, 2010 at 2:00 p.m. (See unnumbered dkt. entry dated 5/6/2010.) 16. Debtor refused to appear on June 9, 2010. 17. The continued meeting of creditors was then rescheduled to July 28, 2010. 18. Debtor refused to appear at the rescheduled continuation of his meeting of creditors.
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COUNT I: DENIAL OF DISCHARGE
19. The United States Trustee realleges, as if fully set forth herein, the allegations contained in paragraphs 1 through 18. V 20. 11 U.S.C. § 727(a)(6) provides that the Court shall not grant a discharge to a debtor Who, “has refused, in the case to obey any lawful order ofthe court....” 21. The Court ordered Debtor to appear for a continuation of his meeting of creditors. 22. Debtor refused to obey that Court order. WHEREFORE, the United States Trustee respectfully requests that the Court deny Debtors’ discharge and grant the United States Trustee such other relief as the Court deems just and proper and to which entitlement is shown at trial. Respectfully submitted,
W. Clarkson MCDOW, Jr. United States Trustee, Region Four
Date: August 2, 2010 By: /s/ Hugh M. Bernstein Hugh M. Bernstein (Federal Bar No. 23489) hugh.m.be1‘nstein@usdoj.gov United States Department of Justice 101 W. Lombard Street, Suite 2625 Baltimore, Maryland 21201 (410) 962-4300 Fax (410) 962-3537
Friday, August 6, 2010
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