J. Dinkins G. Grange is an attorney in Northeast Florida, helping his clients find solutions to their financial problems, which in some cases includes bankruptcy in some cases. This Blog contains general bankruptcy relevant information. His practice includes representing clients in various areas of civil litigation including Fair Debt Collection Practices Act, Chapter 7 and Chapter 13 bankruptcies, foreclosure defense and probate.
Sunday, January 7, 2018
In re: O'Steen: Debtor not denied 727 Discharge
Lafayette State Bank, Plaintiff,
John Riley O'Steen, d/b/a Riley O'Steen Dairy, Ashley Koon O'Steen, Defendants.
Case No. 3:14-bk-4766-PMG, Adv. No. 3:15-ap-393-PMG. United States Bankruptcy Court, MD Florida, Jacksonville Division.
Bank seeked a judgment denying the Debtors' discharge pursuant to §
727(a)(2), (a)(3), (a)(4), (a)(5), and (a)(6) of the Bankruptcy Code,
and determining that the debt owed by the Debtors to the Bank was not
dischargeable in the Chapter 7 case pursuant to § 523(a)(6) of the
A fundamental goal of the Bankruptcy Code is to provide a debtor with a
fresh start. Consequently, denial of a debtor's discharge is an
extraordinary remedy, and exceptions to discharge should be construed in
favor of the debtor and against the objecting party. The burden is on
the objecting party to prove the objection by a preponderance of the
evidence. In re White, 568 B.R. 894, 909-10 (Bankr. N.D. Ga. 2017).