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Richardson v. Pilgrim (In re Pilgrim)

Richardson v. Pilgrim (In re Pilgrim)

Ruling
Discharge was denied where the debtors failed to provide accounting of cash settlement received three months prior to filing or respond to trustee's inquiries or default judgment motion.
Procedural posture

Plaintiff, a Chapter 7 trustee, sought denial of the debtors' discharges pursuant to 11 U.S.C. § 727(a)(2)(A), (a)(2)(B), (a)(3), (a)(4)(B), and (a)(5). The trustee moved for a default judgment, which the bankruptcy court denied without prejudice. The trustee, having re-served the complaint and summons and filed an affidavit addressing the debtors' military status, renewed his motion for a default judgment.

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opinion summary, case decided on August 12, 2005 , LexisNexis #0106-101