Mendelsohn. Singh (In re Singh)

568 B.R. 187
CourtUnited States Bankruptcy Court, E.D. New York
DecidedMay 31, 2017
DocketCase No. 8-15-72381-reg; Adv. Proc. No. 8-16-08036-reg
StatusPublished
Cited by6 cases

This text of 568 B.R. 187 (Mendelsohn. Singh (In re Singh)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mendelsohn. Singh (In re Singh), 568 B.R. 187 (N.Y. 2017).

Opinion

MEMORANDUM DECISION

Robert E. Grossman, United States Bankruptcy Judge

This matter is before the Court pursuant to an adversary proceeding commenced by Allan Mendelsohn, the Chapter 7 Trustee (the “Trustee”) against Manjin-der Singh (the “Debtor”) seeking, inter alia, to deny the Debtor’s discharge pursuant to 11 U.S.C. §§ 727(a)(2)(A), (a)(2)(B), (a)(3), (a)(4)(A), and (a)(4)(D). The Trustee argues that the Debtor’s initial failure to disclose his one-third ownership interest in Preet Gourmet, Inc. (“Preet Gourmet”), a pizza-by-the-slice restaurant, as well as the Debtor’s uncooperative conduct in failing to produce records which would allow the Trustee to determine the value of the Debtor’s interest in Preet Gourmet warrant a denial of discharge. This Court agrees with the Trustee that the Debtor’s actions and course of conduct, commencing with the filing of the petition and schedules, rise to the level where it is appropriate to deny his discharge. The Debtor failed to provide any meaningful justification for his conduct, which included disregarding a Rule 2004 subpoena seeking evidence of the finances of Preet Gourmet so that the Trustee could properly value the Debtor’s interest in the company. A bankruptcy discharge is a privilege and should only be granted to the honest debtor seeking a fresh start. A debtor who fails to include a significant asset in his schedules, and otherwise acts in a manner designed to frustrate the efforts of the Trustee to administer the debtor’s estate for the benefit of creditors will be denied his discharge.

PROCEDURAL HISTORY

The Debtor filed a voluntary petition (“Petition”) for relief under chapter 7 of the Bankruptcy Code on June 6, 2015 (“Petition Date”). On March 14, 2016, the Trustee filed this complaint objecting to discharge pursuant to 11 U.S.C. §§ 727(a)(2)(A), (a)(2)(B), (a)(3), (a)(4)(A), and (a)(4)(D). An answer was filed by the Debtor on April 20, 2016. A pretrial order was entered and the parties engaged in discovery. On October 24, 2016, the Court entered an order scheduling a trial date for February 7, 2017. On that same date, the Debtor filed a motion to compel the Trustee to respond to interrogatories, which motion was subsequently denied. The parties submitted a “Joint” Pre-Trial Memorandum on February 1, 2017.

A few days before the trial, on February 3, 2017, the Debtor’s counsel filed a letter advising the Court that the Debtor “may not be able to provide a coherent or a sound testimony, responses to question etc. owing to his state of mind.”1 (EOF No. 22). Despite advising the Court that the Debtor may not be able to testify due [192]*192to his state of mind, counsel’s letter went on further to demand that the Trustee, or alternatively, the Court, provide an interpreter for the Debtor to testify at trial because the Debtor “is not versed with English language.” (ECF No. 22). Ultimately, the Debtor’s counsel abandoned the notion that the Court should provide an interpreter, but he persisted in his argument that the Trustee was required to provide an interpreter pursuant to the Court Interpreters Act, 28 U.S.C. §§ 1827-1828 (2006).

A trial was held on February 7, 2017. Although the Trustee stated his intention to call the Debtor as a witness in the Joint Pre-trial Memorandum, he did not call the Debtor to testify, Nor did the Debtor’s counsel seek to elicit the Debtor’s testimony at trial. The Court determined that because neither party was going to call the Debtor as a witness, the interpreter issue was moot.2 The Trustee and the Debtor stipulated to certain exhibits which were entered into evidence. The Debtor’s deposition pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure (“2004 Examination”) was entered into evidence over the Debtor’s objection.3 Finally, the Debtor made an oral application for a directed verdict at the close of the Trus[193]*193tee’s case which application was denied. The parties were offered an opportunity to submit post-trial memoranda, however none were submitted. Thereafter, the adversary proceeding was marked submitted.

FACTS

The Debtor filed the Petition with the assistance of legal counsel. This is the Debtor’s second bankruptcy filing. The first was filed on June 9, 2014. (Case No. 8-14-72655.) It was automatically dismissed on July 31, 2014 for failure to provide Official Form B22A, which is necessary under 11 U.S.C. § 521(i)(l). (Case No. 8-14-72655, ECF No. 14.)

Besides adding a few unsecured creditors, the schedules filed in the instant case contain the same information as the schedules filed with the first bankruptcy petition. The Debtor’s interest in Preet Gourmet was not disclosed in either petition. The Trustee first became aware of the Debtor’s interest in Preet Gourmet at the meeting of the creditors pursuant to 11 U.S.C. § 341 (“341 Meeting”) (Plaintiff Ex. 3.) After the 341 Meeting the Trustee sent a letter (“First Letter”) to Debtor’s counsel, dated August 6, 2015, advising the Debtor’s counsel of several inaccuracies in the petition and schedules. Id, The First Letter noted that: the Debtor had not disclosed the prior bankruptcy case in the current petition; the Debtor failed to disclose on Schedule B and the Statement of Financial Affairs, Question 18, his ownership interest in Petroleum Ray’s Inc. and Preet Gourmet, Inc., both sub chapter S corporations, which only came to the Trustee’s attention after Debtor’s counsel provided the Trustee with the Debtor’s 2013 tax return; and although Question 1 of the Statement of Financial Affairs asks for current year to date income and income for the two years prior to the Petition Date, the Debtor provided income only for 2011 and failed to mention 2013 and 2014. Id. The Trustee advised Debtor’s counsel at that time to “carefully review the.petition, make any and all necessary changes, and forward a copy of the amended petition” to him in advance of the adjourned 341 Meeting. Id. The Trustee also requested at that time copies of corporate tax returns for all entities in which the Debtor owns an interest. Id. About a month later, on September 8, 2015, the Trustee sent Debtor’s counsel another letter (“Second Letter”) indicating that the schedules had not been amended as requested nor had the Trustee received any of the requested documents. (Plaintiff Ex. 4.)

On September 18, 2015, the Debtor filed amended schedules (“Amended Schedules”) that listed the Debtor’s interest in Preet Gourmet. (Plaintiff Ex. 1.) The Debt- or added his interest in a life insurance policy valued at $9,000 and claimed it as [194]*194exempt. (Id. at Official Form B7.) The Debtor also added an interest in Petroleum Rays’s Inc., a gas station 'that is allegedly closed. Id.

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568 B.R. 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mendelsohn-singh-in-re-singh-nyeb-2017.