Memorandum of Decision Re: Denial of Discharge

FOR THE NORTHERN DISTRICT OF CALIFORNIA In re ANTHONY J. MASSEI, III,                                       No. 1-88-00944      Debtor. ___________________________/ J. TAYLOR HALEY, Trustee,      Plaintiff,    v.                                                                               A.P. No. 1-88-0156 ANTHONY J. MASSEI, III,      Defendant. ______________________________/
Memorandum of Decision
     During the year prior to bankruptcy, the debtor was motivated by a strong desire to keep his former wife from collecting any of the debt he owed to her for child support. In order to hinder her collection efforts, he transferred his real property into his brother's name and his business property and bank account into his sister's name.      When the debtor filed his bankruptcy schedules and statement of affairs, he falsely stated under oath that he had not engaged in any business in the six years prior to bankruptcy, that he had maintained no bank accounts in the two years prior to bankruptcy, and that he had not transfered any of his property in the year prior to bankruptcy. The true facts were that he had owned and operated two businesses which he sold in the year before bankruptcy, and that he had maintained a checking account in his sister's name.      The debtor made further false statements under oath by failing to disclose in his list of assets two notes he held as part of the purchase price when he sold the two businesses, and by failing to disclose accounts receivable from those businesses which he had reserved for himself as part of the terms of the sales of the businesses.      The false statements described in the previous paragraphs were made knowingly and fraudulently, and with the intent to thwart his former wife's collection efforts.      By virtue of the above, the debtor is not entitled to a discharge pursuant to sections 727(a)(2)(A) and 727(a)(4)(A) of the Bankruptcy Code.      This memorandum constitutes the Court's findings and conclusions. Counsel for the Trustee shall submit a form of judgment.
Dated: June 8, 1989                                                                              _______________________                                                                                                                      Alan Jaroslovsky                                                                                                                      U.S. Bankruptcy