Davis

Davis v. Choy (In re Choy)

Good Law
569 B.R. 169
United States Bankruptcy Court, Northern District of CaliforniaMarch 17, 2017Case No. 14-44180 CN; Adversary No. 15-4075California6,606 words

Opinion

Lead Opinion

Novack, J.

*174 MEMORANDUM AFTER TRIAL

On October 18 and 19, 2016, this court conducted a trial in this adversary proceeding. All appearances were made on the record. Plaintiff Tracy Hope Davis, the United States Trustee serving this court (the “U.S. Trustee”), seeks to deny defendant Lawrence Choy’s Chapter 7 discharge on numerous grounds, including a) his failure to prepare accurate bankruptcy schedules and statement of financial affairs, including but not limited to his statements under oath regarding his income; b) Choy’s various transfers to and from his Chapter 11 debtor-in-possession accounts for his own benefit, and failure to deposit all of his income (in particular, the income from coin operated washers and dryers located at two of his rental properties) into his general debtor-in-possession bank account; and c) Choy’s failure to maintain appropriate business records regarding his rental properties and related security deposits. The following constitutes this court’s findings of fact and conclusions of law under F.R.B.P. 7052.

Lawrence Choy (“Choy”) filed a Chapter 11 case on March 8, 2013 to stay 1) a trustee sale against one of his rental properties and 2) multiple pieces of…

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