Buckeye Retirement Co. v. Swegan (In re Swegan), 6th Cir. Mar. 19, 2008
07-8006 Buckeye Retirement Co. v. Swegan (In re Swegan)
Before: AUG, PARSONS, and SCOTT, Bankruptcy Appellate Panel Judges.
JOSEPH M. SCOTT, JR., Bankruptcy Appellate Panel Judge. Buckeye Retirement Co. (“Buckeye”) appeals the bankruptcy court’s order denying its motion for summary judgment and granting summary judgment in favor of the debtor Ralph Swegan (“Debtor”) on Buckeye’s complaint seeking an order denying the Debtor a discharge pursuant to 11 U.S.C. § 727(a)(2)(A). Because the Panel disagrees with the bankruptcy court’s restrictive application of “concealment” within the context of § 727(a)(2)(A) and determines that a genuine issue of material fact exists as to whether the Debtor had the requisite intent to “hinder, delay, or defraud” Buckeye in its collection efforts, the order granting the Debtor summary judgment will be reversed and the adversary proceeding remanded for trial. … Buckeye Retirement Co. v. Swegan (In re Swegan).
