In re Winick

Full title: In re: Jack Marvin Winick; Wendy K. Winick, Debtors. v. Jack Marvin Winick…

Court: United States Bankruptcy Court, Ninth Circuit

Date published: Jun 9, 2010

Bankruptcy 08-06461-LT7 (B.A.P. 9th Cir. Jun. 9, 2010)

Opinion

In re: Jack Marvin Winick; Wendy K. Winick, Debtors. Marlys Krietzman, as Trustee of the Sheldon and Marlys Krietzman Family Trust; Andrea D. Bellamy, as Trustee of the Andrea D. Bellamy Trust for the Benefit of Jessica T. Bellamy; and Goldynne Booth, Plaintiffs, v. Jack Marvin Winick and Wendy K. Winick Defendants. Bankruptcy No. 08-06461-LT7 Adversary No. 08-90371-LT. United States Bankruptcy Court, S.D. California. June 9, 2010.

          ORDER AMENDING MEMORANDUM DECISION

          LAURA S. TAYLOR, Bankruptcy Judge.

         The Memorandum Decision entered June 3, 2010 is amended as follows: At page 20, the sentence commencing on Line 17 with" Plaintiffs' argument that the Debtors must have built up pools of cash..." shall be replaced in its entirety by the following sentence:

"Plaintiffs' argument that the Debtors must have built up pools of cash is not consistent with the evidence from the schedules that the IRS and Franchise Tax Board, who clearly have the resources and tools to locate secreted cash reserves, held liens against Debtors' property and the evidence from the trial testimony that the Debtors sought to avoid the liens of judgment creditors through Winick's lack of formal ownership in and salary from Creative Capital. Tr.114:23-25 and 115:1-20."