Eastern Wrecker Sales, Inc. v. Parker (In Re Parker)

ORDER

HAL J. BONNEY, Jr., Bankruptcy Judge.

The plaintiff filed a Complaint objecting to the discharge of the defendant-debtor pursuant to one of the grounds of 11 U.S.C. § 727(a)(2). This pertains to the intent to hinder, delay, or defraud a creditor. In the alternative, the plaintiff sued for a determination of the non-dischargeability of the defendants’ debt to it under 11 U.S.C. § 523.

Most significant of all is the fact that this is a Chapter 13 case under Title 11 of the United States Code.

There is a threshold legal issue of whether one may, in a Chapter 13 case, object to the discharge of…