Bulas v. Pope (In Re Pope)

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

A creditor opposes the debtor’s discharge under 11 U.S.C. § 727(a)(2), (3), (4) and (5). (C.P. No. 1). The debtor has answered. (C.P. No. 3). The matter was tried on February 16.

The debtor is a 53 year old former owner of a successful moving and storage business, which he sold in February 1979 for $245,000 in an arm’s length transaction. The principal asset of the business was real property. He took back $181,000 in two mortgage notes for the purchase price. The mortgages are being paid without default and are adequately secured by the…