Legal Opinion
Martinez v. Sears (In re Sears)
United States Bankruptcy Court, D. Colorado
Decided September 8, 2016No. Case No. 15-18889 HRT; Adversary No. 15-1257 HRTPublishedCited by 4 opinions
1Opinion of the Court
ORDER ON ADVERSARY COMPLAINT
Howard R. Tallman, Judge, United States Bankruptcy Court
This case comes before the Court for trial of Plaintiffs Complaint for Denial of Discharge Pursuant to 11 U.S.C. §§ 727(a)(3) and (a)(5) (docket #1).
' I- FACTS
A. Stipulated Facts
The following facts were stipulated to by the parties in their joint Pretrial Statement (docket. #24) filed with the Court on February 19, 2016.
1. Richard K. Sears (the “Debtor”) filed for relief under Chapter 7 of the *195Bankruptcy Code on or about April 2, 2015 (the “Petition Date”).
2. The Debtor is an individual whose dwelling house or…
2Cases cited13 opinions
- In Re Seymour Chalik, Debtor. Seymour Chalik v. Harold D. Moorefield, Jr., TrusteeCourt of Appeals for the Eleventh Circuit · 1984
- Meridian Bank v. Eugene Alten, Marlene Alten, and Thomas J. Subranni, Trustee Eugene and Marlene AltenCourt of Appeals for the Third Circuit · 1992
- In Re Guy Benny Brown, Debtor. Ronald D. Gullickson v. Guy Benny BrownCourt of Appeals for the Tenth Circuit · 1997
- United States Trustee v. Garland (In Re Garland)Bankruptcy Appellate Panel of the Tenth Circuit · 2009
- PNC Bank, National Ass'n v. Buzzelli (In Re Buzzelli)United States Bankruptcy Court, W.D. Pennsylvania · 2000
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3Cited by4 opinions
- Martinez v. Sears (In re Sears)Bankruptcy Appellate Panel of the Tenth Circuit · 2017
- Arma Yates, L.L.C. v. RobertsonUnited States Bankruptcy Court, D. Utah · 2022
- Arma Yates, L.L.C. v. RobertsonUnited States Bankruptcy Court, D. Utah · 2020
- Lynn Martinez v. United States Bankruptcy Court for the District of ColoradoBankruptcy Appellate Panel of the Tenth Circuit · 2017