Atkinson v. Page (In re Page)

568 B.R. 687
CourtUnited States Bankruptcy Court, D. Alaska
DecidedMay 15, 2017
DocketCase No. J15-00287-GS; Adv. No. J15-90022-GS
StatusPublished
Cited by2 cases

This text of 568 B.R. 687 (Atkinson v. Page (In re Page)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Atkinson v. Page (In re Page), 568 B.R. 687 (Alaska 2017).

Opinion

MEMORANDUM DECISION

GARY SPRAKER, United States Bankruptcy Judge

In this adversary proceeding, plaintiff Neil Atkinson seeks denial of debtor Jack Jason . Page’s discharge under 11 U.S.C. § 727(a)(4)(A), on the grounds that the debtor has knowingly and fraudulently made a false oath in connection with his bankruptcy case. Atkinson’s complaint alleges the debtor should be denied a discharge because he intentionally omitted “numerous creditors” from his schedules and statements. At trial, Atkinson argued the debtor failed to schedule a potential $6,000.00 claim against an unidentified broker as an asset of the estate, further supporting denial of his discharge. The court has considered the testimony and exhibits offered by the parties at trial, and the closing arguments of counsel. It has also taken judicial notice of the papers filed in Main Case No. J15-00287-GS. For the [690]*690reasons stated herein, the court will dismiss the plaintiffs complaint, with prejudice.

I. FACTUAL BACKGROUND.

A. The Debtor’s Petition and Initial Schedules.

The debtor is a single father with two sons. At the time of trial, the debtor was 50 years old, and his sons were 14 and 18 years old. He and his sons reside in Juneau, Alaska. The debtor works seasonally as a charter boat operator, offering sport-fishing and whale watching trips annually from mid-May to mid-September. He supplements this income by working at the Baranof Hotel after the charter season ends. He also occasionally cuts firewood and does tree work; he typically does this type of work in trade, or as a favor for friends.

The debtor filed a chapter 7 petition on September 21, 2015. His schedules listed assets with a total value of $28,297.05, the most valuable being a 2002 Chevy Silvera-do with 134,000 miles on it ($7,448.00), and an $8,000.00 claim for child support arrear-ages. The debtor’s schedules reflect that his former spouse’s whereabouts are unknown. The debtor testified at trial that his former spouse had serious substance abuse issues, and he did not expect to ever receive any support from her. All of the debtor’s listed assets were claimed exempt on his Schedule C.

The debtor has no secured or priority debt. He listed just three unsecured creditors on his schedules. The debtor owes Bartlett Memorial Hospital $10,138.50 for medical services provided to his son in June 2012. The following year, in October 2013, a judgment for $9,929.81 was entered in favor of plaintiff Neil Atkinson in an F.E.D. action. The largest scheduled debt, tor $64,000.00, is for a judgment entered March 12, 2015, in favor of the debtor’s former partner, Russell McDougal, for partnership debt. The debtor filed his bankruptcy petition roughly six months after this latter judgment was entered.

The debtor’s Schedule G listed a month-to-month residential lease, and also a charter boat lease with Michael Logowski. An addendum to the schedules lists a debt of $614.00 for fuel for the debtor’s leased fishing boat, without further information.

The debtor’s Schedule I lists combined monthly income of $1,631.00, which sum includes $275.00 for food stamps. His monthly expenses include a rent payment of $1,200.00. His other listed expenses are conservative, but nonetheless exceed his monthly income by $1,124.00.

B. The Debtor’s § 341 Meetings.

The debtor’s initial § 341 meeting was held on October 22, 2015. The testimony he offered at this meeting amplified the information found in his schedules. He confirmed that his sportfishing charter business ran from mid-May to mid-September. The boat he used for this business was leased from Michael Logowski on a verbal, month-to-month agreement. He had co-owned a boat in a partnership with creditor Russell McDougal, but that partnership had dissolved two years earlier. McDougal sued the debtor prepetition in state court for a partnership accounting, resulting in the $64,000.00 judgment listed on his schedules.

The debtor’s income sources during the rest of the year varied. He had done various odd jobs in an attempt to make ends meet, including carpentry or construction work, as well as residential tree removal.1 Over the prior winter, he had performed [691]*691maintenance work for the Baranof Hotel in Juneau, as reflected in the copies of his pay stubs filed with the court.2 When queried about his charter boat income, the debtor said he maintained a personal log book that contained the information.3 He is also required to keep a log book issued by the Alaska Department of Fish and Game, which does not require sales or income information. When asked why he had filed bankruptcy, the debtor explained it was due to the “insurmountable debt with this judgment,” and his situation as a single provider for his two boys, without support from his former wife.4

The § 341 meeting was continued three times to give the debtor time to provide documentation to the trustee and creditors in attendance. Specifically, the debtor was asked to produce copies of the log books he maintained for his charter business, as. well as his bank statements and tax returns. The record reflects that the debtor has fully complied with the documentation requests made by all parties. The § 341 meeting was also continued so Mr. Atkinson, the plaintiff in this action, could investigate the bona fides of the debtor’s schedules.

During the second creditor’s meeting, held on December 3, 2015, the debtor was examined regarding the entries in his personal log book for the 2015 charter season. Dan Bruce, in his capacity as counsel for the debtor’s former partner, Mr. McDou-gal, requested an explanation as to why 15 of the 72 charters listed for that season were “no charge,” per the log book.5 The debtor responded that some of those trips had been “comps” for salespeople involved in charter booking, and others would have been'personal trips, in which he had taken his sons or friends out on the boat for no charge. The debtor also confirmed that he did not operate the boat at all once the charter season ended. He stated that he was again working at the Baranof Hotel for the winter months.

Mr. Atkinson queried the debtor about two individuals, and whether he owed either of them any money. The debtor stated he knew both Dick Cameron and Bret Russell. He said he might owe Cameron “a couple hundred bucks” for rent or furniture. When Atkinson responded that the amount owed was closer to $5,000.00, the debtor disagreed. The debtor did concede that he owed Russell money. Initially, he had owed Russell $6,000.00 for a personal loan, but he explained that he did not list it on his schedules because it was a personal loan with a friend. The debtor said that he had tried to make payments to Russell when he could, and remembered making two $200.00 cash payments to him during the past charter season. On follow up questioning from the trustee regarding the Russell obligation, the debtor said the amount now- due was probably around $8,000.00 to $9,000.00, and that the omission of the debt was oversight on his part. Atkinson offered to contact Russell “to get his side of the story.”6 The trustee declined this offer, instead indicating that she would instead get Russell’s phone number from Atkinson after the meeting [692]

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Cite This Page — Counsel Stack

Bluebook (online)
568 B.R. 687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atkinson-v-page-in-re-page-akb-2017.