Hopper

Hopper v. Lewis (In re Lewis)

Good Law
2016 Bankr. LEXIS 1845·551 B.R. 41
United States Bankruptcy Court, Eastern District of CaliforniaApril 25, 2016Case No. 14-21946-B-7; Adversary No. 14-2126California4,733 words

Opinion

Lead Opinion

Jaime, J.

DECISION AFTER TRIAL

Introduction

This is an adversary proceeding (1) to have a debt excepted from discharge under 11 U.S.C. § 523 and (2) objecting to discharge under 11 U.S.C. § 727 . The plaintiffs are the chapter 7 trustee appointed in In re Jack Burns, Case No. 10-22742, and Sally Wong. 1 The defendant is Desiree Rebecca Lewis. Lewis is a debtor in the underlying chapter 7 case filed and pending in this court as In re Desiree Rebecca Lewis, Case No. 14-21946. The Petition, Schedules, and Statement of Financial Affairs were filed in Lewis’ chapter 7 case on February 27, 2014.

The complaint in this adversary proceeding was filed .on May 9, 2014. It alleges five “Counts” as claims for relief: a claim under § 523(a)(2)(A) in Count I; a claim under § 523(a)(4) in Count II; a claim under § 523(a)(6) in Count III; a claim under § 727(a)(3) in Count IY; and a claim under § 727(a)(4)(A) in Count V. The summons was reissued on July 18, 2014, and, together with a copy of the complaint, was served on July 23, 2014. Lewis answered the complaint on August 15, 2014.

A trial in this matter was held on April 11, 2016. Ronald Roundy, Esq., appeared for the Burns trustee and Wong. Brian…

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