Siu
Siu v. Martinez (In re Martinez)
Opinion
Lead Opinion
Weissbrodt, J.
Chapter
MEMORANDUM DECISION AND ORDER
This matter came before the Court for a trial on Plaintiff Andy Siu’s adversary claims against Defendant and Debtor Oscar J. Martinez. At trial, Mr. Siu was represented by attorney Michael Brooks Carroll. Mr. Martinez appeared pro se.
After considering the evidence presented at trial, along with the oral and written arguments of the parties, the Court finds and concludes that Mr. Martinez must be denied a discharge under 11 U.S.C. § 727 (a)(2)(A) based upon Mr. Martinez’s transfer of substantial funds to family members within one year immediately pri- or to the filing of the bankruptcy petition, with an intent to hinder and delay creditors. As a result, all of the nondischarge-ability claims under 11 U.S.C. § 523 (a) are moot, and the Court does not reach these claims. See Ng v. Adler (In re Adler), 494 B.R. 43, 56 (Bankr.E.D.N.Y.2013); Rasmussen v. Unruh (In re Unruh), 278 B.R. 796, 806 (Bankr.D.Minn.2002); Everwed Co. v. Ayers (In re Ayers), 25 B.R. 762, 764 (Bankr.M.D.Tenn.1982) (a denial of discharge renders nondischargeability questions moot); Taylor v. Lineberry (In re Lineberry), 55 B.R. 510, 511 (Bankr.W.D.Ky.1985) (explaining…