Searles

MEMORANDUM ***

Chapter 7 debtor Ruth Searles appeals from the decision of the Bankruptcy Appellate Panel, which affirmed the bankruptcy court’s order denying her a discharge, pursuant to 11 U.S.C. § 727 (a)(2)(B) & (a)(4)(A), and awarding the Chapter 7 trustee a monetary judgment. After a trial, the bankruptcy court found that Ms. Searles and her husband (who was not a debtor in the bankruptcy) failed to list assets on the Chapter 7 schedule and attempted to conceal those assets from the trustee, that the Searles had prevented the proceeds of a sale of an insurance agency from becoming property of the estate, and that the Searleses had spent a significant amount of the money that had been in their bank accounts rather than turning it over to the trustee.

Taking these facts into consideration, the bankruptcy court found that Ms. Searles and her husband intentionally “hinder[ed], delay[ed] or defraud[ed]” the trustee “by transferring, removing, destroying or concealing or permitting to be transferred, destroyed, removed or concealed property of this estate, including, but not limited to, the insurance agency proceeds, the bank accounts and the motor vehicles.” Therefore, the court…