Seminara v. Mihaljevic et al

UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
In re:
MICHAEL R. MIHALJEVIC and 	: 	Case No. 03-26725T
JULIE L. MIHALJEVIC,
Debtor(s) 	:
--------------------------------------------------------
:
MICHAEL J. SEMINARA, 	:
Plaintiff(s)
:
v. 	Adv. No. 04-2158
:
MICHAEL R. MIHALJEVIC and
JULIE L. MIHALJEVIC, 	:
Defendant(s)
:
ORDER
AND NOW, this 20 th day of January, 2006, it is ORDERED that JUDGMENT ON
THE COMPLAINT IS ENTERED IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF
as the Court finds that Plaintiff failed to meet his burden of establishing that Defendants should be
denied a discharge under 11 U.S.C. §727(a)(2), (3), (4) or (7). See Fed. R. Bankr. P. 4005; Collier
on Bankruptcy, 15th Ed. Rev., ¶727.01[2] at 727-8; Harris v. Dawley (In re Dawley), 312 B.R. 765,
782 (Bankr. E.D. Pa. 2004); Carter Engineering Co., Inc. v. Carter (In re Carter), 236 B.R. 173, 182
(Bankr. E.D. Pa. 1999); Kane v. Goodman (In re Goodman), 227 B.R. 626, 630 (Bankr. E.D. Pa.
1998); see also Georges v. Georges (In re Georges), 138 Fed. Appx. 471, 472 (3 rd Cir. 2005)(the
party objecting to discharge has the burden of proof by a preponderance of the evidence); Rosen v.
Bezner, 996 F.2d 1527, 1531 (3rd Cir. 1993)(all section 727 objections are to be construed liberally
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1. Specifically, we find that Plaintiff failed to establish that Defendants, with intent to hinder, delay or
defraud a creditor or an officer of the estate, transferred, removed, destroyed, mutilated or concealed tools
or the pickup truck in question either within one year of the filing of this bankruptcy petition or during the
pendency of this bankruptcy case, see 11 U.S.C. §727(a)(2), (7). We also find that Plaintiff failed to establish
that Defendants concealed, destroyed, mutilated, falsified or failed to keep or preserve any recorded
information from which Defendants’ financial condition or business transactions might be ascertained, see
11 U.S.C. §727(a)(3), (7). Finally, we find that Plaintiff failed to establish that Defendants knowingly and
fraudulently, in or in connection with the case, made a false oath or account, presented or used a false claim,
or withheld from an officer of the estate any recorded information relating to Defendants’ property or
financial affairs, see 11 U.S.C. §727(a)(4), (7).
2
in favor of the debtor).1
Reading, PA
THOMAS M. TWARDOWSKI
United States Bankruptcy Judge
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