(Bankr. E.D. Ky. Mar. 21, 2016)
The bankruptcy court denies the debtor’s motion to dismiss the complaint seeking to deny the debtor a discharge under 11 U.S.C. § 727(a)(2)(A) or alternatively to except the creditors claim from discharge under § 523(a)(6). The debtor argued that the creditor failed to state a claim because the complaint only alleged that the debtor caused injury to his own business rather than to the creditor itself. The court disagrees, holding the debtor’s actions to remove property from his business could be the basis for a claim under § 533(a)(6). The debtor also argued that the creditor failed to plead the requisite intent for § 727(a)(2), but the court disagrees and denies the motion to dismiss. Opinion below.
Attorney for Debtor: John M. Simms
Attorney for Plaintiff: Tricia A. Shackelford