Phillips
Phillips v. Bourget (In re Bourget)
Opinion
Lead Opinion
Pappasvisiting, J.
MEMORANDUM OF DECISION
This is an action to deny a discharge to Defendant Maurice Gregory Bourget, a Chapter 7 debtor, brought by the Plaintiffs under Section 727(a) of the Bankruptcy Code. Regrettably, because the Court finds after trial of the action that Defendant falsified his business books and records, and made fraudulent transfers of his property within a year prior to filing for bankruptcy relief, his discharge will be denied. This Memorandum is intended as the Court’s findings of fact and conclusions of law. F.R.B.P. 7052.
Background.
Defendant was a building contractor. In February, 1991, he entered into a contract with the Plaintiffs to remodel their home. The contract was for a fixed price in excess of $100,000. In other words, the parties agreed in advance on the total amount to be paid by Plaintiffs to Defendant for the project. This amount was payable in two man *27 ners. First, the contract called for periodic installment payments to Defendant as the project progressed. The agreement also required Plaintiffs to reimburse Defendant for any materials and labor charges he incurred on this job upon his presentation to Plaintiffs of copies of the invoices he received…