Legal Opinion

Kolb v. Bentley (In re Bentley)

United States Bankruptcy Court, M.D. Florida

Decided April 9, 2019No. Case No. 6:17-bk-00294-KSJ; Adversary No. 6:17-ap-00119-KSJPublished

1Opinion of the Court

Karen S. Jennemann, United States Bankruptcy Judge

After a two-day trial,1 the Court is convinced that the Debtor, Catherine Bentley, although elderly, filed this bankruptcy case to avoid the consequences of her intentionally fraudulent actions in concealing and later selling a valuable antique car, ignoring a court order to turn over the car, and improperly pocketing the proceeds rather than giving the monies to the proper party, Dr. Susan Kolb ("Kolb"), who had a superior interest in and right to possess the car. And as explained below, the Debtor is denied a discharge; her homestead…

2Cases cited22 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Perez. v. CampbellSupreme Court of the United States · 1971
  3. Harold W. McClellan v. Bobbie Darrell CantrellCourt of Appeals for the Seventh Circuit · 2000
  4. Havoco of America, Ltd. v. HillSupreme Court of Florida · 2001
  5. In Re: Xyz Options, Inc., Debtor. Donald Dionne, as Trustee of the Estate of Xyz Options, Inc. v. W. Leo Keating, in Re: Xyz Options, Inc., Debtor. Donald Dionne, as Trustee of the Estate of Xyz Options, Inc. v. Scott M. Spangler, Jean G. Spangler, the Scott M. Spangler Charitable TrustCourt of Appeals for the Eleventh Circuit · 1998

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