United States Trustee v. Pynn (In re Pynn)

MEMORANDUM DECISION

INTRODUCTION

The United States Trustee (Plaintiff) filed a timely adversary seeking denial of Darren Pynn’s (Debtor) discharge pursuant to 11 U.S.C. §§ 727 (a)(4)(A) and 727(a)(2)(A). The adversary was tried on January 28, 2016, by written declaration and cross-examination of witnesses. At the conclusion of trial, the court announced a brief oral preliminary ruling denying Debtor a discharge based on the evidence. This memorandum supplements the court’s ruling and is the final order of the court.

FACTS

Debtor filed a chapter 7 bankruptcy petition on September 29, 2014. In his Schedule B, Debtor listed various personal assets including a 1966 Porsche 911 (Porsche) and multiple guitars and bicycles. Debtor’s Schedule B reflected that the value of the Porsche was $5,000, the collective value of the guitars was $2,750, and the collective value of the bicycles was $2,600. In his Schedule C, Debtor claimed all these assets as exempt pursuant to California Code of Civil Procedure § 703.140(b). The exemptions claimed were almost dollar for dollar the amounts at which Debtor listed each of the above assets.

Prior to Debtor’s chapter 7 petition, Wells Fargo Bank…