Davis

Davis v. Hedlund (In re Hedlund)

Good Law
2017 Bankr. LEXIS 1938·573 B.R. 777
United States Bankruptcy Court, Northern District of CaliforniaJuly 13, 2017Case No. 09-57539 CN; Adversary No. 10-5315 CNCalifornia4,528 words

Opinion

Lead Opinion

Novack, J.

MEMORANDUM DECISION AFTER TRIAL

Over a five day period, this court conducted a trial in the above adversary proceeding in which plaintiff United States Trustee (the “Trustee”) sought to deny debtor and defendant Joshua Hedlund’s Chapter 7 discharge under Bankruptcy Code §§ 727(a)(2)(A) and (a)(4). While this adversary proceeding was filed more than seven years ago and has had its fair share of twists and turns, the Trustee’s arguments are straightforward: Hedlund committed numerous false oaths by failing to disclose all of his property interests on his bankruptcy schedules and statement of financial affairs, and he concealed his ownership interest in numerous assets with the intent to hinder, delay or defraud his creditors. Hedlund denies the Trustee’s allegations, and argues, among other things, that he was incarcerated when his bankruptcy was filed and did not authorize or ratify his bankruptcy filing, that he was represented by incompetent counsel who repeatedly failed to obtain the information necessary to complete his Chapter 11 and (later) his Chapter 7 bankruptcy documents, and that he cooperated with the Chapter 7 trustee and tried to disclose all necessary information to…

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