Bucci v. Campbell

CourtUnited States Bankruptcy Court, D. Massachusetts
DecidedSeptember 29, 2025
Docket24-04013
StatusUnknown

This text of Bucci v. Campbell (Bucci v. Campbell) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bucci v. Campbell, (Mass. 2025).

Opinion

UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS

) In re: ) Chapter 7 ) Case No. 23-40688-CJP LINDSEY CAMPBELL and ) WILLIAM A. CAMPBELL, ) ) Debtors ) ) ) LAWRENCE BUCCI and ) PAMELA BUCCI ) ) AP No. 24-4013-CJP Plaintiffs ) ) v. ) ) LINDSEY CAMPBELL AND ) WILLIAM A. CAMPBELL, ) ) Defendants ) )

MEMORANDUM OF DECISION The plaintiffs Lawrence Bucci and Pamela Bucci (the “Buccis” or “Plaintiffs”) have brought this adversary proceeding against the debtor-defendants Lindsey Campbell and William Campbell (the “Campbells” or “Debtors”) objecting to the dischargeability of debt owed to the Plaintiffs and to the Debtors’ discharge. This adversary proceeding is another chapter in a long- standing dispute between the parties arising from the sale of real estate to the Plaintiffs in a subdivision developed by the Campbells that resulted in a substantial state court judgment in favor of the Plaintiffs that the Debtors seek to discharge through their bankruptcy case. While the Debtors filed their case under chapter 7, they subsequently moved to convert their case to chapter 13 [Case No. 23-40688 (“Main Case”) ECF No. 119] (the “Motion”). As will be discussed in detail, the Plaintiffs assert that the Campbells should be denied a discharge because of bad acts committed in connection with this bankruptcy case pursuant to 11 U.S.C. § 7271 and should not be permitted to convert their case to a case under chapter 13 because of those same acts. Because the parties disagreed on whether a finding of lack of good faith could be a basis

to deny conversion, I directed briefing with respect to that issue and entered an initial order on the Motion [Main Case ECF No. 177] determining that discrete question in the bankruptcy case. Based Marrama v. Citizens Bank of Mass. (In re Marrama) (Marrama II), 549 U.S. 365 (2007), where the Supreme Court concluded that a debtor who has acted in bad faith does not have an absolute right to convert a chapter 7 case to a case under chapter 13 because “[n]othing in the text of either § 706 or § 1307(c) (or the legislative history of either provision) limits the authority of the court to take appropriate action in response to fraudulent conduct by the atypical litigant who has demonstrated that he is not entitled to the relief available to the typical debtor,” id. at 374–75, and that the Bankruptcy Code “authorize[s] immediate denial of a motion to convert

filed under § 706 in lieu of a conversion order that merely postpones the allowance of equivalent relief and may provide a debtor with an opportunity to take action prejudicial to creditors,” id. at 375, I held that the “alleged bad faith conduct of the Debtors must be examined in determining the Motion and whether conversion is appropriate or would result in reconversion to chapter 7 for ‘cause.’” Order on Motion to Convert Case to Chapter 13 and Case Management Conference Scheduling Order [Main Case ECF No. 177], at 2. I then consolidated for trial the Motion, with respect to which the Debtors’ good faith in seeking to convert to chapter 13 is at issue, and Counts I–IV of the complaint (the “727

1 Unless otherwise noted, all section references herein are to Title 11 of the United States Code, 11 U.S.C. §§ 101 et seq., as amended (the “Bankruptcy Code” or “Code”). Counts”), pursuant to which the Plaintiffs allege certain acts and omissions of the Debtors related to their schedules and statement of financial affairs, as well as in their testimony at the section 341 meeting of creditors, and a failure to satisfactorily explain loss of assets justify denial of the Debtors’ discharge under § 727(a)(2), (4)(A), and (a)(5).2 At trial, six witnesses testified in person and/or submitted trial affidavits, and twenty-three exhibits were admitted into evidence.

For the reasons discussed below, I will enter an order denying the Motion and enter judgment in favor of the Buccis on the 727 Counts denying the Campbells’ discharge.3 I have made findings of fact and conclusions of law pursuant to Fed. R. Bankr. P. 7052 that are incorporated throughout the discussion in this decision.4 I. THE 727 COUNTS

a. Legal Standards to Be Applied Counts I, III, and IV assert that the Campbells should be denied a discharge because, at various times in this case, the Campbells knowingly and fraudulently made false statements under oath in connection with this case, § 727(a)(4), and concealed assets, § 727(a)(2)(A).

2 Section 727(a)(2) is not referenced in body of complaint but is referenced at the conclusion of the complaint. The parties identified as an issue of law remaining to be determined as whether “the discharge of the Debtors [should be barred under 11 USC 727(a)(2)(3).” Joint Pre Trial Memorandum [ECF No. 30], at 15. In their post-trial brief, the Debtors acknowledged the complaint sought to deny the Debtors’ “discharge pursuant to §§727(a)(2), (a)(3),(a)(4), (a)(5) and 523(a)(2)(A).” See Post-Trial Brief [ECF No. 59], at 1.

3 The Court stayed determination of Count V of the complaint concerning dischargeability of a debt under § 523(a)(2) pending resolution of the 727 Counts. See Order [ECF No. 16].

4 Any findings of fact that are, in whole or part, rulings of law shall be considered as such and vice versa. While I may cite to specific supporting evidence in the record, my findings are often supported by additional evidence in the record I have considered, and I do not intend to limit support for my findings to the cited portion of the record. Further, to the extent that I reference testimony or other evidence that supports my rulings, I have credited that testimony or other evidence even if I have not expressly stated that. Where I have referenced testimony or other evidence that does not support my rulings, I have weighed that evidence, but it has not overcome the weight that I have given to other evidence in the record, whether explicitly referenced or not. The weight that I have given to testimonial evidence reflects my assessment of the credibility of the witness and consistency of the testimony with other evidence. I also have adopted and incorporated certain portions of post-trial briefing in my findings. It is well settled in the First Circuit that to prevail on a claim under § 727(a)(4), the plaintiff must prove that: (1) the debtor knowingly and fraudulently made a false oath; and (2) the false oath related to a material fact. . . . The “burden of proof rests with the [plaintiff], . . . but ‘once it reasonably appears that the oath is false, the burden falls upon the bankrupt to come forward with evidence that he has not committed the offense charged.’” Robin Singh Educ. Serv., Inc. v. McCarthy (In re McCarthy), 488 B.R. 814, 825–26 (B.A.P. 1st Cir. 2013) (internal citations omitted) (quoting Boroff v. Tully (In re Tully), 818 F.2d 106, 100 (1st Cir. 1987)). The intent required by § 727(a)(4)(A) may be satisfied by a showing of reckless disregard for the truth. See id., 488 B.R. at 826; see also In re Tully, 818 F.2d at 112 (acknowledging that “reckless indifference to the truth” has “consistently been treated as the functional equivalent of fraud for purposes of § 727(a)(4)(A)”). “Even though courts will not construe an ignorant or inadvertent omission as evidence of fraudulent intent, reckless disregard may nonetheless be found based on the ‘cumulative effect of a series of innocent mistakes.’” In re McCarthy, 488 B.R.

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