Legal Opinion

Siu v. Martinez (In re Martinez)

United States Bankruptcy Court, N.D. California

Decided September 25, 2013No. Case No. 08-57266-ASW; Adv. Proc. No. 09-5063PublishedCited by 7 opinions

1Opinion of the Court

Chapter 7

MEMORANDUM DECISION AND ORDER

Arthur S. Weissbrodt, U.S. Bankruptcy

This matter came before the Court for a trial on Plaintiff Andy Siu’s adversary claims against Defendant and Debtor Oscar J. Martinez. At trial, Mr. Siu was represented by attorney Michael Brooks Carroll. Mr. Martinez appeared pro se.1

After considering the evidence presented at trial, along with the oral and written arguments of the parties, the Court finds and concludes that Mr. Martinez must be denied a discharge under 11 U.S.C. § 727(a)(2)(A) based upon Mr. Martinez’s transfer of substantial funds to family members…

2Cases cited23 opinions

  1. A.H. Robins Co. v. PiccininCourt of Appeals for the Fourth Circuit · 1986
  2. In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
  3. Retz v. Samson (In Re Retz)Court of Appeals for the Ninth Circuit · 2010
  4. Jane Doe, a Minor, by and Through Her Guardian and Mother, Alisa Rudy-Glanzer v. Elroy "Bud" Glazer, an IndividualCourt of Appeals for the Ninth Circuit · 2000
  5. Khalil v. Developers Surety & Indemnity Co. (In Re Khalil)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007

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3Cited by7 opinions

  1. Seror v. Lopez (In re Lopez)District Court, C.D. California · 2015
  2. Ammini v. Labgold (In re Labgold)United States Bankruptcy Court, E.D. Virginia · 2015
  3. Bernier v. Hang (In re Hang)United States Bankruptcy Court, D. Rhode Island · 2018
  4. DONALD HUGH NICHOLS and JANE ANN NICHOLSUnited States Bankruptcy Court, D. Arizona · 2020
  5. Kay Bee Kay Properties, LLCDistrict Court, E.D. Michigan · 2024

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