Res-TX One, LLC v. Hawk (In re Hawk)

MEMORANDUM OPINION ON RES-TX ONE, LLC’S FIRST AMENDED COMPLAINT OBJECTING TO THE DEBTORS’ DISCHARGE UNDER 11 U.S.C. § 727

Jeff Bohm, United States Bankruptcy Judge

I. INTRODUCTION

The Court issues this Memorandum Opinion to highlight three points of law: (1) a debtor’s fraudulent transfer of property that would have remained exempt if the debtor had kept possession can render that debtor ineligible for discharge under 11 U.S.C. § 727(a)(2); (2) debtors are not required to maintain and produce ancient records in order to obtain their discharge; and (3) one spouse’s fraudulent intent may not be…