Richardson v. Schoemperlen (In Re Schoemperlen)

OPINION

LARRY LESSEN, Bankruptcy Judge.

The issue before the Court is whether the Debtor’s discharge should be revoked pursuant to 11 U.S.C. § 727(d)(2) where he spent a $5,000 inheritance which he received within six months of filing bankruptcy despite instructions to the contrary from the Trustee and his attorney, but repaid the money to the Trustee on the eve of trial.

The material facts are not in dispute. The Debtors, Brian and Tammy Schoem-perlen, filed a petition pursuant to Chapter 7 of the Bankruptcy Code on November 12, 2004. The Plaintiff, Jeffrey Richardson, is the Debtors’ Chapter 7…