Opinion
Case No. 6:15-bk-02498-KSJ Adversary No. 6:15-ap-00130-KSJ Lead Adversary Adversary No. 6:15-ap-000132-KSJ Adversary No. 6:16-ap-00066-KSJ
04-02-2018
In re WADE MARTIN ROME and KATHLEEN MALONEY ROME, Debtors. UNITED STATES TRUSTEE, Plaintiff, v. WADE MARTIN ROME and KATHLEEN MALONEY ROME, Defendants. ROBERT THOMAS, et al. Plaintiffs, v. WADE MARTIN ROME, Defendant. CARLA P. MUSSELMAN, et al. Plaintiffs, v. WADE MARTIN ROME and KATHLEEN MALONEY ROME, Defendants.
Chapter 7 FINAL JUDGMENT
These adversary proceedings came before the Court on February 21-23, 2017, and on June 12-14, 2017, for a trial on the Complaints filed by the Plaintiffs, former business partners and the United State Trustee, against the Debtors/Defendants, Wade Martin Rome and Kathleen Maloney Rome. After reviewing the pleadings, considering the position of interested parties, and consistent with the memorandum opinion that is being entered simultaneously with this final judgment, it is
The Chapter 7 Trustee, Carla Musselman, timely filed 6:15-ap-00130-KSJ contending that the Debtors are not entitled to a discharge under 11 U.S.C §§ 727(a)(2), (a)(3), (a)(4)(a), (a)(4)(D), and (a)(5). The United States Trustee later was substituted as plaintiff for the Chapter 7 Trustee. Adversary proceeding 6:15-ap-00132-KSJ and 6:15-ap-00130-KSJ were consolidated for all purposes together with a third adversary proceeding, 6:16-ap-00066-KSJ, discussed later in this opinion. The Court requested briefing and need only rule on the counts asserted under 11 U.S.C § 727. The counts asserted under 11 U.S.C. § 523 are irrelevant because the Debtors' are denied a discharge.
Robert Thomas, Frederick Laufer, and Brian Kaufman ("Creditors") are former business partners of Wade Rome. They got an Amended Final Judgment against Wade Rome in Florida State Courts for $639,841.20 on April 15, 2014 (See Exh. 113), and, after this Chapter 7 bankruptcy case was filed on March 23, 2015, they timely filed Adversary Proceeding 6:15-ap-00132-KSJ.
ORDERED:
1. The Debtors are not entitled to a discharge under §§ 727(a)(3), (4), and (5) of the Bankruptcy Code.
2. The Court abstains from taking any further action in Adversary Proceeding 6:16-ap-00066-KSJ.
All references to the Bankruptcy Code refer to 11 U.S.C. §§ 101 et. seq. --------
ORDERED. Dated: April 02, 2018
/s/_________
Karen S. Jennemann
United States Bankruptcy Judge
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The Clerk is directed to serve a copy of this final judgment on all interested parties.