Meredith v. Est John McKeithen

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
May 14, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-30931
Summary Calendar
In The Matter Of: ROBERT F MEREDITH, III
Debtor
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ROBERT F MEREDITH, III,
Appellant,
versus
ESTATE OF JOHN F MCKEITHEN
Appellee.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:06-CV-84
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Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:*
Robert Meredith did not disclose certain community property in
bankruptcy, including his wife’s checking account, savings account,
clothing, jewelry, safety deposit boxes, partnership interest, and
truck. His wife testified that she knew of Robert’s plans to file
for bankruptcy but wanted no part of it. The record reflects that

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No. 04-30852
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Robert Meredith is a sophisticated businessman. He was earning
$15,000 per month at the time of his filing, and he has previously
filed for bankruptcy protection in several of his past business
ventures. From this, the bankruptcy court inferred that Meredith
intended to conceal assets and denied discharge. See 11 U.S.C. §
727(a)(4)(A); see also Cadle v. Pratt, 411 F.3d 561, 565 (5th Cir.
2005). The district court also denied discharge on the ground that
Meredith refused to obey an order of the court, see id. §
727(a)(6)(A), and on the ground that he concealed or failed to
preserve records from which his financial conditions might be
ascertained. See id. § 727(a)(3).
Meredith argues that it is irrational to risk so much in order
to protect so little, explaining that the community property is “of
little cumulative value, and dwarfed by the debt to be discharged
in the case.” Love is an irrational commitment. The bankruptcy
court’s conclusion that Meredith intentionally concealed assents in
order to protect his wife is supported by the record, particularly
by her testimony. The judgment of the district court is
AFFIRMED.

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