Opinion
Case No. 6:03-bk-11740-ABB, Adv. Pro. No 6:04-ap-00007-ABB.
November 29, 2004
ORDER
This matter came on Plaintiffs, Deborah Heusner and Thomas Heusner, Complaint to Deny Discharge pursuant to 11 U.S.C. § 727(a)(3), (a)(4)(A) and (a)(5). The following Findings of Fact and Conclusions of Law are made after reviewing the evidence.
FINDINGS OF FACT
Defendant did not conceal, destroy, or falsify any financial information regarding her personal assets. An intent to deceive by the Defendant was not established. Defendant did not knowingly and fraudulently make a false oath or account. Her explanation of her personal assets was satisfactory in light of the circumstances of this case.
CONCLUSIONS OF LAW
The Plaintiffs have not established the acts specified in §§ 727(a)(3), (a)(4)(A) and (a)(5). Defendant did not knowingly and fraudulently make a false oath or account pursuant to 11 U.S.C. 727 (a)(3) and (a)(4)(A). Defendant satisfactorily accounted for her personal assets pursuant to 11 U.S.C. 727 (a)(5). Therefore it is
ORDERED, ADJUDGED and DECREED that JUDGMENT is entered in favor of the Defendant, Deborah A. Black, and against the Plaintiffs, Deborah Heusner and Thomas Heusner, it is further
ORDERED, ADJUDGED and DECREED that the general discharge of Debtor, Deborah A. Black, is GRANTED pursuant to 11 U.S.C. § 727(a)(7).