Bakst ex rel. estate of Reis v. Reis (In re Reis)

372 B.R. 521, 20 Fla. L. Weekly Fed. B 496, 2007 Bankr. LEXIS 2421
CourtUnited States Bankruptcy Court, S.D. Florida.
DecidedJuly 24, 2007
DocketBankruptcy No. 06-12427-BKC-SHF; Adversary No. 06-1972-BKC-SHF-A
StatusPublished
Cited by2 cases

This text of 372 B.R. 521 (Bakst ex rel. estate of Reis v. Reis (In re Reis)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. Florida. primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bakst ex rel. estate of Reis v. Reis (In re Reis), 372 B.R. 521, 20 Fla. L. Weekly Fed. B 496, 2007 Bankr. LEXIS 2421 (Fla. 2007).

Opinion

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

STEVEN H. FRIEDMAN, Bankruptcy Judge.

THIS CAUSE came before the Court upon the Plaintiffs Motion for Summary Judgment Against Defendant, Philip Reis, filed on November 17, 2006. The Court, having considered the testimony of the Defendant at the Bankruptcy Rule 2004 examinations, the documentary evidence presented by the parties, the underlying pleadings, and being otherwise fully advised in the premises, grants the Plaintiffs Motion for Summary Judgment and denies the debtor’s discharge pursuant to 11 U.S.C. § 727(a)(4).

This Court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C. §§ 1334,157(b)(1) and 157(b)(2)(I). This is a core matter in accordance with 28 U.S.C. § 157(b)(2)(I). Federal Rule of Civil Procedure 56(c), made applicable to bankruptcy proceedings by Federal Rule of Bankruptcy Procedure 7056, provides that “the judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” F.R.Civ.P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-8, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986), Rice v. Branigar Org., Inc., 922 F.2d 788 (11th Cir.1991); In re Pierre, 198 B.R. 389 (Bankr.S.D.Fla.1996). Rule 56 is based upon the principle that if the court is made aware of the absence of genuine issues of material fact, the court should, upon motion, promptly adjudicate the legal questions which remain and terminate the case, thus avoiding delay and expense associated with trial. See United States v. Feinstein, 717 F.Supp. 1552 (S.D.Fla.1989). “Summary judgment is appropriate when, after drawing all reasonable inference in favor of the party against whom summary judgment is sought, no reasonable trier of fact could find in favor of the non-moving party.” Murray v. National Broad. Co., 844 F.2d 988, 992 (2d Cir.1988).

COUNT I: OBJECTION TO DISCHARGE, PURSUANT TO 11 U.S.C. § 727(a)(4)

The debtors, Philip and Michele Reis, filed a voluntary chapter 7 petition on June 6, 2006. The trustee alleges that Philip Reis’ discharge should be denied under § 727(a)(4) based upon his failure to disclose on Schedule B-20, Statement of Financial Affairs, his potential right of inheritance. The trustee further asserts that the debtor had a duty to amend his schedules regarding his right of inheritance upon learning of the inheritance pursuant to Federal Rules of Bankruptcy Procedure 1007(h), which the debtor failed to do. Additionally, the debtor testified falsely at his Rule 2004 examination on August 15, 2006, wherein he represented that his father was still alive. Philip Reis’ father, in fact, had passed away July 12, 2006, one month prior to the Rule 2004 examination, and [524]*524after the June 6, 2004 commencement of the case. Specifically, the trustee points to the following excerpt from the August 15, 2006 Rule 2004 examination:

(a). Page 20, lines 2 through 6:
Q. “And your father’s name is?”
A. “Philip M. Reis, the M is Manuel.”
Q. “What’s his address?”
A. “I don’t know off the top of my head. It’s in Long Island, New York, Holbrook.”
(b). Page 20, Line 17 and line 19:
Q. “Do you know his phone number?”
A. “I don’t have it in this phone.”
(c). Page 21, line 24 and 25, page 22 line 1:
Q. “Has that been, that agreement been in place since the property was purchased?”
A. “Yes. Because he lives out of state.”
(d). Page 33, lines 8 through 11:
Q. “Do you have the original deed to the property?”
A. “No.”
Q. “Who does?”
A. “It would be in my father’s stuff, wouldn’t be with me. Any papers that were to it legal, he would have.”
(e). Page 39, line 25, page 40, lines 1 through 21;
Q. “Do you and your father have any type of understanding as to how long the property is going to be held, or if it’s going to be sold?”
A. “He bought it for his retirement. When he retires he wants to live in it.”
Q. “How old is he?”
A. “Sixty-six.”
Q. “Sixty-six. Do you ever expect to receive any benefit from it?”
A. “No.”
Q. “So your doing all this work just out of the goodness of your heart?” A. “It’s my father.”
Q. “So that’s a yes?”
A. “That’s a yes.”
Q. “And you never expect to receive any compensation for it at all?”
A. “No.”
Q. “If he decided to sell the property tomorrow, you wouldn’t expect to receive any portion of the proceeds?”
A. “No.”

Rule 2004 Examination of Philip Reis, August 15, 2006.

Based upon the foregoing Rule 2004 examination testimony, the trustee alleges that the debtor, Philip Reis, falsely testified to mislead the trustee into thinking that his father was still alive to hide any potential inheritance that the debtor was to receive.

The debtor, Philip Reis, argues that his father was alive on the date of the petition and that he did not have any reason to believe that his father would pass away during the pendency of his bankruptcy proceeding. He further alleges that on the date of the Rule 2004 examination, August 15, 2006, he did not believe he would inherit anything from his father.

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Cite This Page — Counsel Stack

Bluebook (online)
372 B.R. 521, 20 Fla. L. Weekly Fed. B 496, 2007 Bankr. LEXIS 2421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bakst-ex-rel-estate-of-reis-v-reis-in-re-reis-flsb-2007.