United States Trustee v. Pynn (In re Pynn)

546 B.R. 425
CourtUnited States Bankruptcy Court, C.D. California
DecidedMarch 7, 2016
DocketCase No.: 2:14-bk-28537-TD; Adv No.: 2:15-ap-01125-TD
StatusPublished
Cited by4 cases

This text of 546 B.R. 425 (United States Trustee v. Pynn (In re Pynn)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, C.D. California 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. Pynn (In re Pynn), 546 B.R. 425 (Cal. 2016).

Opinion

MEMORANDUM DECISION

Thomas B. Donovan, United States Bankruptcy Judge

INTRODUCTION

The United States Trustee (Plaintiff) filed a timely adversary seeking denial of Darren Pynn’s (Debtor) discharge pursuant to 11 U.S.C. §§ 727(a)(4)(A) and 727(a)(2)(A). The adversary was tried on January 28, 2016, by written declaration and cross-examination of witnesses. At the conclusion of trial, the court announced a brief oral preliminary ruling denying Debtor a discharge based on the evidence. This memorandum supplements the court’s ruling and is the final order of the court.

FACTS

Debtor filed a chapter 7 bankruptcy petition on September 29, 2014. In his Schedule B, Debtor listed various personal assets including a 1966 Porsche 911 (Porsche) and multiple guitars and bicycles. Debtor’s Schedule B reflected that the value of the Porsche was $5,000, the collective value of the guitars was $2,750, and the collective value of the bicycles was $2,600. In his Schedule C, Debtor claimed all these assets as exempt pursuant to California Code of Civil Procedure § 703.140(b). The exemptions claimed were almost dollar for dollar the amounts at which Debtor listed each of the above assets.

Prior to Debtor’s chapter 7 petition, Wells Fargo Bank obtained a judgment against Debtor. The outstanding judgment totals about $185,000. Debtor testified that he attempted to settle with Wells Fargo for mere pennies on the dollar and that all his attempts failed.

On November 5, 2014, at the request of Wells Fargo, Bendis Companies performed an appraisal of Debtor’s personal items listed above. According to the appraisal, the Porsche was in very clean condition with a few minor paint chips and minor upholstery damage and had a value between $20,000 and $45,000, depending on the amount of work required to achieve [428]*428road readiness. Collectively, Bendis Companies valued Debtor’s bicycles at $7,710 and his guitars at $6,200. Based on these appraisals, the evidence established that Debtor significantly undervalued the Porsche, bicycles and guitars in his schedules.

The United States Trustee conducted a meeting of creditors (341(a) meeting) on November 7, 2014. Debtor testified under oath during the 341(a) meeting that he read and reviewed his bankruptcy papers carefully before he signed them and that his schedules and statement of -financial affairs were true and correct. At the same time, he acknowledged that he needed to amend Schedule B to add four amplifiers, a drum set and one folding bicycle that he had previously overlooked.

During the 341(a) meeting, Brad Kras-noff (chapter 7 trustee) asked Debtor how he valued the Porsche. Debtor testified that $5,000 is what he paid for it and “what it’s really worth to me at this point,” adding, “... I figured I could just roll it out in the driveway, put a sign [on] it and [it was] what I could sell it for in a heartbeat.” When questioned by the Wells Fargo attorney, Debtor testified that he valued the bicycles and guitars in the same way. Debtor’s testimony at trial regarding valuation was consistent with his stipulated testimony as set forth in the Joint Pretrial Order. He valued all these assets based on “yard-sale” type or “quick sale” liquidation prices.

When further interviewed at his 341(a) meeting by Tayo Agboke (Agboke), the United States Trustee’s bankruptcy auditor, Debtor admitted he had stated below-market values for the bicycles and guitars on his Schedule B. Debtor acknowledged that the bicycles would sell for between $5,350 to $7,450 on eBay, as opposed to the $2,600 represented in his Schedule B. Debtor likewise testified that the guitars, if sold on eBay, would sell for between $5,500 to $6,400, as opposed to the $2,750 represented his Schedule B.

Debtor filed an Amended Schedule B on November 18, 2014, to add the items that he failed to list previously, but Debtor left the values of his guitars, bicycles and Porsche unchanged.

The chapter 7 trustee ultimately sold the Porsche at an auction to Carr Acquisitions for $83,000 on January 14, 2015. An order approving the sale was entered on January 16, 2015. Later, the chapter 7 trustee agreed to sell the bicycles to Debtor for $5,450. In a separate transaction, the chapter 7 trustee sold the guitars and other musical equipment to Debtor for $3,900. An order was entered May 12, 2015, approving these sales.

The evidence demonstrates that Debtor significantly undervalued the Porsche. The auction sale proceeds prove that Debt- or grossly undervalued the Porsche. Debtor’s Schedule B and Amended Schedule B put the value of Porsche at $5,000, which is $78,000 less than the sale price at auction. The auction generated 1,560% more than the value Debtor stated.

The evidence shows that Debtor undervalued the bicycles. On his Amended Schedule B, Debtor valued the bicycles at $2,600, which is $2,850 less than the price at which Debtor himself later re-purchased the bicycles from the bankruptcy estate. As stated earlier, Debtor admitted at the 341(a) meeting that the bicycles had a total value of approximately $5,350 to $7,450, “if marketed.”

The evidence shows that Debtor undervalued the guitars. On his Amended Schedule B, Debtor listed the guitars and other musical equipment as having a total value of $2,750, which is $1,150 less than the price at which Debtor re-purchased those guitars from the estate. As Debtor [429]*429admitted at the 341(a) meeting, the total approximate value of the guitars was $5,500 to $6,400, “if marketed.”

Considering the totality of the evidence in this case, the court finds that Debtor, in his Schedule B and Amended Schedule B, intentionally undervalued the above mentioned property, knowingly and fraudulently, with the intent to deceive his creditors. In doing so, Debtor made false oaths in his schedules in violation of 11 U.S.C. § 727(a)(4)(A). It is inconceivable that Debtor did not know the true (or at least more accurate) values for his assets when he signed his schedules under oath. Debt- or testified during the trial that he was a “hobbyist” and was “meticulous” about his collections. He testified he had been collecting, riding and enjoying bikes for over 30 years. Debtor was an avid eBay user and had extensive experience purchasing items on eBay. Debtor’s receipts show that Debtor had made numerous purchases on eBay. Debtor kept careful records of his bicycles and guitars at the time of his purchases and prepared detailed and comprehensive itemizations listing not just the bicycles and guitars but many of their component parts. He testified at trial that he attended Porsche car shows in 2004 and 2005. Debtor admitted at trial that he “might have” looked up the Porsche’s value on eBay at some point to ascertain its value. The evidence persuades the court that Debtor knew that the true (or at least more accurate) values of his assets listed in his schedules were significantly higher than stated; he consciously chose not to list values more closely related to their true market value.

Debtor testified under oath at the trial in response to cross-examination and on redirect. Plaintiffs exhibits and the extracts of Debtor’s 341(a) meeting and deposition testimony were admitted into evidence by stipulation of the parties.

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Cite This Page — Counsel Stack

Bluebook (online)
546 B.R. 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-trustee-v-pynn-in-re-pynn-cacb-2016.