United States Trustee v. Anthonys (In re Anthonys)

539 B.R. 820
CourtUnited States Bankruptcy Court, D. Alaska
DecidedOctober 22, 2015
DocketCase No. F13-00354-GS; Adv. No. F14-90011-GS
StatusPublished
Cited by2 cases

This text of 539 B.R. 820 (United States Trustee v. Anthonys (In re Anthonys)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States Trustee v. Anthonys (In re Anthonys), 539 B.R. 820 (Alaska 2015).

Opinion

MEMORANDUM DECISION

GARY SPRAKER, United States Bankruptcy Judge

In this adversary proceeding, the United States Trustee (“UST”) seeks denial of debtor Frederico Z. Anthonys’ discharge pursuant to 11 U.S.C. §§ 727(a)(2), (a)(4) and (a)(5).1 After trial of .this matter held on June 29, 2015, the court finds in favor of the UST, and will enter judgment deny[824]*824ing the debtor’s discharge pursuant to 11 U.S.C. § 727(a)(4).

CASE BACKGROUND

The debtor filed a “bare bones” chapter 13 petition on May 22, 2013, with the assistance of counsel, attorney Jason Crawford.2 That case was dismissed on June 6, 2013 for the debtor’s failure to pay the filing fee. The following month, on July 18, 2013, the debtor filed a second chapter 13 petition on his own behalf, again without schedules, statements, or a chapter 13 plan. Mr. Crawford subsequently appeared in the main case as the debtor’s counsel on December 17, 2013.

1. The Debtor’s Schedules and Statements.

The debtor, acting pro se, filed his schedules and statements on September 16, 2013, while his case was pending under chapter 13.3 His Schedule A listed only an interest in a residence on Marlette Court in North Pole, Alaska, valued at $289,000.00 and encumbered by a mortgage in favor of First National Bank Alaska (“FNBA”) for $110,000.00.4 This property has since been foreclosed by FNBA.

The debtor’s Schedule B listed personal property with a total value of $5,349.00. For automobiles, the debtor listed a 1999 Malibu worth $2,100.00, located at his residence.5 On a continuation sheet, the debt- or disclosed one additional vehicle, a “Broken 80 Cutlass,” valued at $100.00, also located at his residence.6

On his Statement of Financial Affairs, the debtor responded “none” to question 10.a, which requires the disclosure of “all other property ... transferred either absolutely or for security within two years immediately preceding the commencement of this case.”7

11. The Undisclosed Assets and Debt- or’s § 341 Testimony.

The debtor’s initial meeting of creditors was held on August 16, 2013. At this meeting, the debtor stated that he had no legal counsel, nor did he have any source of income. The meeting was continued because the debtor had not yet filed his schedules and statements.

On September 27, 2013, eleven days after filing his schedules and statements, the debtor attended a continued meeting of creditors. At this meeting, the chapter 13 trustee, Larry Compton, asked him if he had listed all of his assets and creditors. The debtor responded, ‘Tes.”8 The debt- or was then examined about two parcels of real property that were not listed on his schedules. First, he was asked whether he owned a “lot next door” to his house. The debtor said he did not; the lot had been sold in 2011.9 When it was pointed out to the debtor that this sale was not reflected in the public records, he ex[825]*825plained that he had sold it to “Mrs. Byam,” although she “probably has not recorded the land.”10 The debtor stated he had sold the parcel to her because he owed her money for some work she had done for him. However, he also indicated that she had paid him some money in the transaction, saying, “[s]he gave me.partial. But it was mostly a partial payment for the money that I owe her.”11

Six days after the debtor gave this testimony, a quitclaim deed was recorded in the Fairbanks Recording District which reflected that the debtor had transferred his interest in Lot 4, Block 3, Kingsmen Estates, First Addition (“the Kingsmen property”) to Anna Byam.12 The quitclaim deed was dated August 12, 2011, and notarized for that same day. This date falls within two years of the date the debtor filed his bankruptcy petition.

At the same creditors’ meeting held on September 27, the debtor was also asked about another parcel of real property located in North Pole, Alaska (“the Morning Star property”). A warranty deed produced at the meeting reflected that the debtor and another individual, James Schuster, became co-owners of the property in 2003. When asked if he was an owner of record for this property, the debtor attempted to qualify this term, responding that he was “maybe a co-owner.” 13 On further questioning, he conceded that he was an owner, but explained that he hadn’t listed the parcel on his schedules because he misunderstood the questions.14 He also stated that there had been no transfers with regard to this property since 2003.

The debtor was questioned further about the Morning Star property at the continued § 341 meeting held November 1, 2013. He estimated the property was worth about $20,000.00, and said he purchased it with Mr. Schuster as a business partnership.15 When asked why he hadn’t listed this property on his schedules, he responded that he wasn’t sure, but thought it might have been “because I was under the understanding the transaction took place so long ago and that I didn’t have to list it.”16 He again tried to qualify his interest in the property as a co-owner, but ultimately conceded he still had an interest in that property.

On February 10, 2014, the debtor’s ex-wife moved to convert the chapter 13 proceeding to a liquidation under chapter 7. On February 27, 2014, the court conducted a hearing on several matters in the case, including the motion to convert. The court orally granted the motion, although the order converting the case was not entered until March 5, 2014.17 On the very same day as the court heard the motion to convert, a quitclaim deed transferring the debtor’s interest in the Morning Star Property to Anna Byam was recorded in the Fairbanks Recording District.18 This quitclaim deed is also dated, and the signature notarized, for August 12, 2011, the same date reflected on the quitclaim deed for the Kingsman property. No explaná[826]*826tion has ever been offered for why the quitclaim deeds were recorded years after the transfer, or why the deeds were recorded months apart despite having been executed on the same date.

In addition to the two undisclosed parcels of real property, the debtor had an interest in several vehicles at the time he filed his petition. He disclosed two vehicles on his Schedule B, a 1980 Cutlass and a 1999 Malibu, which, per the document, were both located at his residence on Mar-lette Court. At the November 1, 2013 § 341 meeting of creditors the trustee asked him about other specific vehicles titled in his name. In response, the debtor stated that an ’87 Cutlass belonged to his wife and was in her possession. He also stated that a ’76 Chevy was “at the lot,” that it didn’t work and that it was basically a “junk car.” He confirmed that another Olds Cutlass, a ’78 Ford, and an ’82 Pontiac were “at the lot” or “on the property,” but also characterized these as junk vehicles.

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Bluebook (online)
539 B.R. 820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-trustee-v-anthonys-in-re-anthonys-akb-2015.