Order after trial on objection to discharge under Sections 727(a)(2) and (a)(4). Plaintiff argued, inter alia, the Debtor concealed assets through the use of a corporate form and through the creation of trusts. The Plaintiff argued the Debtor was the alter-ego of the trusts and corporation, such that all of their transactions should be viewed and disclosed as the Debtor’s transactions. The Court rejected Plaintiff’s contentions on the facts and the law, noting that reverse veil piercing has been rejected by the Georgia Supreme Court. The Court also discussed the continuing concealment doctrine. The Court found that the transfers of the Debtor, or the corporation or trusts, were not made with the requisite intent to hinder, delay or defraud, and any “false oaths” were immaterial or not made knowingly or with intent to deceive. The Court granted Debtor’s discharge.
File:
Date:
10/31/2014
