W. Valley Med. Partners, LLC v. Shapow (In re Shapow)

Good Law
599 B.R. 51
United States Bankruptcy Court, Central District of CaliforniaMarch 8, 2019Case No. 1:15-bk-13962-MB; Adv. No. 1:16-ap-01021-MBCalifornia16,337 words

Opinion

Lead Opinion

Barash, J.

On March 2, 5, and 9, 2018, the Court conducted a trial in this adversary proceeding. Jamie R. Schloss represented plaintiff West Valley Medical Partners, LLC ("West Valley" or the "Plaintiff"). Michael Jay Berger represented defendant Morris Shapow aka Mike Shapow ("Shapow"

*58 or the "Defendant"), the chapter 7 debtor herein. This memorandum constitutes the Court's findings of fact and conclusions of law pursuant to Rule 52 of the Federal Rules of Civil Procedure, made applicable here by Rule 7052 of the Federal Rules of Bankruptcy Procedure.

Plaintiff objects to Defendant's discharge pursuant to Bankruptcy Code sections 727(a)(2)(A), (a)(3), and (a)(4)(A). 1 For the reasons set forth herein, the Court finds that Plaintiff has not met its burden on any of its causes of action. Accordingly, the Court will enter judgment in favor of Defendant on the entire complaint.

I. JURISDICTION

The Court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C. § 1334 (b). Venue is proper pursuant to 28 U.S.C. § 1409 (a). This adversary proceeding is a core proceeding pursuant to 28 U.S.C. § 157 (b)(2)(J), and this Court has the constitutional authority to enter a final…

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