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Robert Trauner, as Chapter 7 Trustee v. Celio O. Burrowes (In re Burrowes), AP 11-5254, Doc. #10

Order denying Trustee’s Motion for Default Judgment on Trustee’s Objection to Discharge holding, inter alia, Trustee’s allegations pursuant to 11 U.S.C. § 727(a)(2), (a)(3), (a)(4), (a)(5), and (a)(6) were conclusory in nature.  The Trustee did not allege facts other than that the Debtor did not respond to a Rule 2004 order.  Allegations did not include sufficient information from which the Court can conclude that the documents requested are necessary to the Trustee, that the withholding of the books and records was knowing, fraudulent or willful, or that facts supported the Trustee’s other allegations.  Therefore, this matter is set for trial.

File: 
Date: 
10/13/2011