Cheung

Cheung v. Fletcher

Good Law
2016 WL 1060181·551 B.R. 455·2016 U.S. Dist. LEXIS 34878
United States District Court, Eastern District of CaliforniaMarch 17, 2016No. 2:14-cv-02087-MCECalifornia2,548 words

Opinion

Lead Opinion

England, J.

MEMORANDUM AND ORDER

Appellant Cheung (“Cheung”) appeals the Bankruptcy Court’s judgment in favor of Appellee Fletcher (“Fletcher”). The Bankruptcy Court held that Cheung’s debt to Fletcher was nondischargeable under 11 U.S.C. §§ 727 (a)(2)(A) and 727(a)(4)(A). For the reasons set forth below, this Court affirms the Bankruptcy Court’s decision.

BACKGROUND

Fletcher owned Truckee Tahoe Transportation, Inc. (“TTT”) which operated a private car service in the Truckee, Tahoe and Reno areas. In 2011, Cheung agreed to purchase a 50% interest in TTT. She paid Fletcher $50,000 cash over several months and executed a $50,000 promissory note in favor of Fletcher. Cheung and Fletcher agreed that Cheung would manage TTT, and Fletcher would take an advisory role and drive on some of the trips. After a dispute arose between Cheung and Fletcher, however, they agreed to go their separate ways. By that point, Cheung had made $30,000 of her required initial payment. On November 6, 2012, Cheung and Fletcher agreed to dissolve TTT and distribute its assets and liabilities between them, but the dissolution and distribution were never completed. On November 14, 2012, Cheung and Gubitosi, a new…

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