Bankr. No.:
05-40690
Adv. No.:
06-4064
Chapter:
7
Date of Decision:
October 2, 2006
Issue:
Whether Plaintiff-Trustee was entitled to a judgment on the pleadings revoking Defendant-Debtor’s discharge where there was no dispute Defendant-Debtor had failed to comply with a turnover order but where Defendant-Debtor also alleged she did not have the financial ability to comply with the order?
Ruling:
Plaintiff-Trustee’s motion for judgment on the pleadings was denied. While Plaintiff-Trustee had established a prima facie case for the relief sought, the burden would shift at trial to Defendant-Debtor to show her failure to comply with the turnover order was not willful or intentional. For Defendant-Debtor to establish she did not have the ability to comply with the order, she would have to demonstrate that inability categorically and in detail; she would have to show she did not create the circumstances resulting in her inability to comply with the order; and she would have to show she made, in good faith, all reasonable efforts to comply with the order.
Full Bankruptcy Court Decision:
