Cohen ex rel. Estate of Jones v. Jones (In re Jones)

545 B.R. 769, 26 Fla. L. Weekly Fed. B 75, 2016 Bankr. LEXIS 414
CourtUnited States Bankruptcy Court, M.D. Florida
DecidedFebruary 8, 2016
DocketCase No. 3:15-bk-778-PMG; Adv. No. 3:15-bk-778-PMG
StatusPublished

This text of 545 B.R. 769 (Cohen ex rel. Estate of Jones v. Jones (In re Jones)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cohen ex rel. Estate of Jones v. Jones (In re Jones), 545 B.R. 769, 26 Fla. L. Weekly Fed. B 75, 2016 Bankr. LEXIS 414 (Fla. 2016).

Opinion

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND MEMORANDUM OPINION

PAUL M. GLENN, United States Bankruptcy Judge

THIS CASE came before the Court for a final evidentiary hearing to consider the Complaint filed by Aaron R. Cohen, as Chapter 7 Trustee, Objecting to the Discharge of the Debtors, Jeffrey Leonard Jones and Darnella Cole Jones.

[770]*770Mr. Jones liquidated his pension fund on December 19, 2014, and deposited the sum of $28,151.43 into his checking account. In the two months between the deposit and the filing of his bankruptcy petition on February 25, 2015, Mr. Jones (1) gave $5,000.00 in cash to his wife, (2) gave $4,065.00 in cash to his church, (3) spent $3,870.00 to purchase a vehicle, (4) spent $1,010.00 to pay off a debt to Aaron’s Furniture, and (5) spent $3,025.00 to pay his bankruptcy attorney’s fees. Mr. Jones did not explain a number of other expenditures, and did not fully disclose the transactions on his bankruptcy schedules.

Based on the circumstances and the course of conduct, the Court finds that Mr. Jones transferred property within one year before his bankruptcy petition with the intent to hinder, delay, or defraud his creditors, that Mr. Jones knowingly made a false oath on his bankruptcy schedules, and that Mr. Jones failed to explain satisfactorily a loss of assets. Consequently, his discharge should be denied pursuant to § 727(a)(2)(A), § 727(a)(4), and § 727(a)(5) of the Bankruptcy Code.

Additionally, the discharge of Mrs. Jones should be denied pursuant to § 727(a)(4) of the Bankruptcy Code, because she knowingly made a false oath on the bankruptcy schedules. Specifically, the Statement of Financial Affairs signed by Mrs. Jones did not disclose the liquidation of the pension fund, the income received as a result of the fund’s liquidation, or the gifts that she made from the proceeds of the fund, even though Mrs. Jones was aware that the transactions had occurred within two months before the bankruptcy petition was filed.

Background

Mr. Jones is retired and suffers from a severe speech disability. He receives the sum of $1,682.90 per month as social security income, and the sum of $651.36 per month as VA assistance, for total income in the amount of $2,229.36 per month.

Mrs. Jones is employed by Sodexo, Inc. as a cashier, and receives net income from her employment in the amount of $1,497.25 per month.

The Debtors previously owned a home located in Jacksonville, Florida. The home was sold at a foreclosure sale on December 15, 2014, and the Debtors currently reside in an apartment. (Doc. 17).

On December 19, 2014, four days after the foreclosure sale, Mr. Jones withdrew the entire amount of his pension fund from Fidelity Investment. The gross amount of the withdrawal was $36,439.00. (Debtors’ Exhibit 2).

On the same date that the pension fund was liquidated, December 19, 2014, the net proceeds of the fund in the amount of $28,151.43 were deposited into Mr. Jones’ individual checking account at Vystar Credit Union. (Trustee’s Exhibit 2).

On the following day, December 20, 2014, Mr. Jones made a cash withdrawal from his checking account in the amount of $9,365.00. (Trustee’s Exhibit 2). The cash was used as follows:

1. Mr. Jones gave the sum of $5,000,00 in cash to his wife, Mrs. Jones, and Mrs. Jones testified that she spent the entire $5,000.00. Specifically, Mrs. Jones spent a substantial portion of the cash on gifts for various family members. (Trustee’s Exhibit 5).
2. On December 21, 2014, Mr. Jones made a cash contribution to his church in the amount of $4,065.00. The amount of the contribution was notably large in relation to Mr. Jones’ prior contributions, which had ranged from $4.00 to $125.00 in the six months before December 21, 2014. (Trustee’s Exhibit 5).

[771]*771Within two months after liquidation of the pension fund, Mr. Jones also made the following withdrawals or expenditures from his checking account:

1. On January 6, 2015, Mr. Jones made a withdrawal from his checking account in the amount of $3,870.00 to purchase a 2004 Jeep Grand Cherokee. (Trustee’s Exhibits 2, 5).
2. On January 16, 2015, Mr. Jones made a purchase at The Athlete’s Foot in the amount of $427.00. (Trustee’s Exhibit 2).
3. On January 27, 2015, Mr. Jones made a cash withdrawal in the amount of $1,010.00, (Trustee’s Exhibit 2). At trial, Mr. Jones testified that he used the funds to “pay off’ a debt owed to Aaron’s Furniture.
4. On January 29, 2015, the Debtor withdrew the sum of $3,025.00 to pay his bankruptcy attorney’s fees. (Trustee’s Exhibit 2).

Finally, in the two months after liquidation of the pension fund, Mr. Jones also made the following significant withdrawals from his bank accounts: (1) a withdrawal in the amount of $1,819.00 on December 23, 2014; (2) a withdrawal in the amount of $400.00 on December 29, 2014; (3) two withdrawals totaling $848.00 on December 31, 2014; and (4) a withdrawal in the amount of $450.00 on February 5, 2015. At trial, Mr. Jones testified that he did not know the purpose of these additional withdrawals.

On February 25, 2015, the Debtors filed a petition under Chapter 7 of the Bankruptcy Code. On the petition date, a combined balance in the amount of $4,146.15 remained in Mr. Jones’ checking and savings accounts.

On their schedule of assets in the bankruptcy ease, the Debtors listed the Vystar Credit Union accounts, household goods and personal effects valued at $620.00, several life insurance policies, Mrs. Jones’ 401-K plan valued at $900.00, and three vehicles, including a 2014 Hyundai valued at $20,000.00, and the 2004 Jeep Cherokee valued at $3,500.00. The Hyundai was purchased in June of 2014, and is encumbered by a lien in the amount of $24,900.00.

On their Statement of Financial Affairs (SOFA) filed with the bankruptcy petition, the Debtors disclosed Mrs. Jones’ employment income and Mr. Jones’ social security and VA income. They also disclosed the Hyundai payments, and the contribution to their church in December of 2014.

They did not disclose Mr. Jones’ withdrawal of the funds from his pension account or the income received from the liquidation of the fund (SOFA items 2, 11), the payment to Aaron’s Furniture (SOFA item 3), or the gifts to various family members of $200.00 or more (SOFA item 7).

Discussion

On July 17, 2015, the Trustee filed a Complaint Objecting to the Debtors’ Discharge. In the Complaint, the Trustee alleges that the Debtors’ discharge should be denied pursuant to § 727(a)(2)(A), § 727(a)(4)(A), and § 727(a)(5) of the Bankruptcy Code. The Debtors filed a written Answer to the Complaint (Doc. 8), and a final evidentiary hearing was conducted to consider the parties’ claims.

At the final hearing, the evidence showed that Mr. Jones conceived and implemented a plan to dispose of certain property with the intent to hinder, delay, or defraud his creditors, and that Mrs. Jones knowingly failed to disclose the property or its disposition on their bankruptcy schedules.

A. Section 727(a)(2)(A)

In Count III of the Complaint, the Trustee alleges that the Debtors’ discharge [772]*772should be denied pursuant to § 727(a)(2)(A) of the Bankruptcy Code.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Broward v. Jacksonville Medical Center
690 So. 2d 589 (Supreme Court of Florida, 1997)
Cadle Co. v. Leffingwell (In Re Leffingwell)
279 B.R. 328 (M.D. Florida, 2002)
United States v. Kapila
402 B.R. 56 (S.D. Florida, 2008)
Neary v. Stamat (In Re Stamat)
395 B.R. 59 (N.D. Illinois, 2008)
Cain v. Shingledecker (In Re Shingledecker)
242 B.R. 80 (S.D. Florida, 1999)
In Re Ladd
258 B.R. 824 (N.D. Florida, 2001)
In Re Hickox
215 B.R. 257 (M.D. Florida, 1997)
Worster v. Gauvreau (In Re Gauvreau)
375 B.R. 14 (D. Maine, 2007)
Neugebauer v. Senese (In Re Senese)
245 B.R. 565 (N.D. Illinois, 2000)
Morrissy v. Dereve (In Re Dereve)
381 B.R. 309 (N.D. Florida, 2007)
Walton v. Charno (In Re Charno)
452 B.R. 299 (S.D. Florida, 2011)
Thompson v. Barbee (In re Barbee)
479 B.R. 193 (S.D. Georgia, 2012)
SunTrust Bank v. Mitchell (In re Mitchell)
496 B.R. 625 (N.D. Florida, 2013)
Strauss v. Brown (In re Brown)
531 B.R. 236 (W.D. Missouri, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
545 B.R. 769, 26 Fla. L. Weekly Fed. B 75, 2016 Bankr. LEXIS 414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-ex-rel-estate-of-jones-v-jones-in-re-jones-flmb-2016.