Hyun Suk Cho v. Seung Chan Park (In re Seung Chan Park)

480 B.R. 627, 2012 WL 4461728, 2012 Bankr. LEXIS 4436
CourtUnited States Bankruptcy Court, D. Maryland
DecidedSeptember 25, 2012
DocketBankruptcy No. 09-30497-NVA; Adversary No. 10-0237-NVA
StatusPublished
Cited by11 cases

This text of 480 B.R. 627 (Hyun Suk Cho v. Seung Chan Park (In re Seung Chan Park)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hyun Suk Cho v. Seung Chan Park (In re Seung Chan Park), 480 B.R. 627, 2012 WL 4461728, 2012 Bankr. LEXIS 4436 (Md. 2012).

Opinion

MEMORANDUM IN SUPPORT OF ORDER SUSTAINING OBJECTION TO DISCHARGE

NANCY V. ALQUIST, Bankruptcy Judge.

Seung Chan Park (“Mr. Park” or the “Debtor”) filed a petition for relief under Chapter 7 of Title 11 of the United States Code (the “Bankruptcy Code”) on October 26, 2009. Charles Goldstein was appointed the chapter 7 trustee (the “Chapter 7 Trustee” or “Mr. Goldstein”) in Mr. Park’s chapter 7 case. Incident to the filing of his bankruptcy petition, Mr. Park filled out schedules and responded to questions posed to him in the statement of financial affairs. In schedule F, Mr. Park indicated that he owed a debt of $300,000 to Sung Ki and Hyun Suk Cho (See schedule F [dkt. 1]). The basis of this debt was listed as “civil judgment.” Id. No further indication is given as to the basis for this judgment. Mr. Park’s schedules further indicate that he operates a dry cleaning business, and owns 25% of the stock of that business (SCP Cleaners, Inc.) with a value that is estimated in the amount of $55,000. See schedule B [dkt. 1]. Mr. Park scheduled no real property. See schedule A [dkt. 1]. A secured liability is scheduled in the amount of $230,000, which Mr. Park indicates is for “promissory note securing S.P. Cleaners.” See schedule D [dkt. 1]. There are no additional assets or liabilities of comparable significance that are scheduled.

Background and Allegations

On April 13, 2010, Sung and Hyun Cho, the Plaintiffs herein, filed an adversary complaint ([dkt. 1] in the adversary proceeding) against Mr. Park seeking to deny him a discharge pursuant to § 727(a) of the Bankruptcy Code. Even though the Court held a multi-day evidentiary trial on this case, there was very little evidence about the nature of the debt owed by Mr. Park to the Plaintiffs. The record indicates merely that the Plaintiffs hold a $300,000 jury verdict against Mr. Park entered by the Circuit Court of Howard County arising from a tort suit instituted in that court by Mr. and Mrs. Cho. The state court lawsuit involved issues stemming from Mrs. Cho’s former employment by Mr. Park.

This adversary complaint was brought pursuant to 11 U.S.C. § 727(a)(3)-(5). The complaint generally alleges that Mr. Park gave materially false statements on his bankruptcy schedules and statements, that he has failed to explain the dissipation of assets and that he has failed to keep adequate financial records. Among other things, the Plaintiffs contend that Mr. Park failed to disclose the sale of a parcel of real property in Korea within two years of his bankruptcy filing, failed to disclose the receipt of gross income from the operation of his business, failed to disclose non-ordinary course transfers, failed to disclose gambling losses, and failed to disclose litigation in which he was involved. Additionally, the Plaintiffs contend, despite numerous opportunities to correct the record, Mr. Park has failed to amend his schedules and adequately and truthfully respond to the inquiries therein. Accordingly, the Plaintiffs contend, Mr. Park should be denied a discharge.

[631]*631 Jurisdictional Statement

Federal district courts “have original jurisdiction but not exclusive jurisdiction of all civil proceedings arising under title 11 [of the Bankruptcy Code], or arising in or related to cases under title 11.” 28 U.S.C. § 1334(b). Section 157(a) of title 28 permits a district court to refer “any and all proceedings arising under title 11 or arising in or related to a case under title 11” to the bankruptcy judges within the district. Id. § 157(a). By standing order, the United States District Court for the District of Maryland has referred to the United States Bankruptcy Court for the District of Maryland all cases under the Bankruptcy Code, and all proceedings arising under the Bankruptcy Code or arising in or related to cases under the Bankruptcy Code. See Local Rule 402 of the Local Rules of the United States District Court of Maryland. This is a core proceeding over which this court has statutory and constitutional authority. See Stern v. Marshall, — U.S. -, 131 S.Ct. 2594, 180 L.Ed.2d 475 (2011). See also In re Martinez, 2011 WL 2925481 (Bankr.N.D.Ohio 2011) (recognizing a bankruptcy court’s statutory and constitutional authority over an objection to discharge as well as an action seeking to except a debt from discharge). To the extent that it is found that this Court lacks authority to enter its order herein as a final order, the Court submits this determination as its report and recommendation to the district court.

Legal Standard

11 U.S.C. § 727(a), governs the grant of a discharge in a chapter 7 case. This statute provides, in relevant part:

(a) The Court shall grant the debtor a discharge, unless—
(3)the debtor has concealed, destroyed, mutilated, falsified, or failed to keep or preserve any recorded information, including books, documents, records, and papers, from which the debtor’s financial condition or business transactions might be ascertained, unless such act or failure to act was justified under all of the circumstances of the ease;
(4) the debtor knowingly and fraudulently, in or in connection with the case—
(A) made a false oath or account;
(B) presented or used a false claim;
(C) gave, offered, received, or attempted to obtain money, property, or advantage, or a promise of money, property, or advantage, for acting or forbearing to act; or
(D) withheld from an officer of the estate entitled to possession under this title, any recorded information, including books, documents, records, and papers, relating to the debtor’s property or financial affairs;
(5) the debtor has failed to explain satisfactorily, before determination of denial of discharge under this paragraph, any loss of assets or deficiency of assets to meet the debtor’s liabilities
(7) the debtor has committed any act specified in paragraph (2), (3), (4), (5) or (6) of this subsection, on or within one year before the date of the filing of the petition, or during the case, in connection with another case, under this title or under the Bankruptcy Act, concerning an insideif.]1

11 U.S.C. § 727(a)(3)-(5), (7).

Discharge provisions are liberally construed in favor of debtors and striet[632]*632ly against the person objecting to the discharge. See In re Beauchamp, 236 B.R. 727, 730 (9th Cir. BAP 1999), aff'd, 5 Fed.Appx. 743 (9th Cir.2001). The discharge statute itself is subject to competing considerations. On the one hand, the goal of bankruptcy is to provide a fresh start to an honest debtor and to relieve oppressive indebtedness. See In re Ingle, 70 B.R. 979, 983 (Bankr.E.D.N.C.1987), citing Local Loan Co. v. Hunt, 292 U.S. 234, 244, 54 S.Ct. 695, 78 L.Ed.

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Cite This Page — Counsel Stack

Bluebook (online)
480 B.R. 627, 2012 WL 4461728, 2012 Bankr. LEXIS 4436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hyun-suk-cho-v-seung-chan-park-in-re-seung-chan-park-mdb-2012.