Gargula v. Petersen (In Re Petersen)

OPINION

THOMAS L. PERKINS, Bankruptcy Judge.

This matter is before the Court on the United States Trustee’s (U.S. TRUSTEE) Motion for Summary Judgment on its Complaint Objecting to Discharge of the Defendant, Kelly R. Petersen (KELLY), on the basis that KELLY’S plea of guilty to the crime of bankruptcy fraud is conclusive of the facts necessary to establish the grounds for denial of the discharge.

FACTUAL AND PROCEDURAL BACKGROUND

KELLY and his wife, Penny L. Petersen (PENNY), filed a joint petition for protection under Chapter 13 of the Bankruptcy Code on October 18, 2002. Their Chapter 13 Plan…