Maring

Maring v. PG Alaska Crab Investment Co.

Good Law
338 F. App'x 655
United States Court of Appeals for the Ninth CircuitJuly 14, 2009No. 08-35471California850 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Mark Foxton Maring, the debtor in this Chapter 7 bankruptcy pro *657 ceeding, appeals the district court’s affir-mance of a bankruptcy court’s judgment denying him a discharge in bankruptcy. The judgment was the result of a complaint objecting to discharge filed by PG Alaska Crab Investment Co. (“PG Alaska”). After a two-day bench trial, the bankruptcy court denied discharge under 11 U.S.C. § 727 (a)(4) on the grounds that Maring failed to disclose a $50,000 transfer to his ex-girlfriend on his statement of financial affairs and that he gave false deposition testimony regarding the dates on which he prepared promissory notes related to a proof of claim filed by his mother. We review the bankruptcy court’s conclusions of law de novo, and its factual findings regarding fraudulent intent and materiality for clear error. In re Maple-Whitworth, 556 F.3d 742, 745 (9th Cir.2009); In re Candland, 90 F.3d 1466, 1469 (9th Cir.1996).

Maring attacks the district court judgment primarily on four grounds: 1) PG Alaska’s amended complaint was filed untimely; 2) the bankruptcy court did not explicitly find that Maring’s omission and false testimony were done “knowingly…

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