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Case 13-17039-elf Doc 61 Filed 11/18/13 Entered 11/18/13 16:00:19 Desc Main

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UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTICT OF PENNSYLVANIA

IN RE:

MOHAMMAD AMIN

Debtor

LLOYD B. WING, JR.

vs.

MOHAMMAD AMIN

:

:

:

Chapter 7

Case No. 13-17039

Adversary No.

COMPLAINT OBJECTING TO DISCHARGE PURSUANT TO 11 IJ.S .C. 8727

Lloyd B. Wing, Jr. (the "Plaintiff), a creditor of the Debtor, Mohammad Amin (the

"Debtor")', pursuant to Section 727 of Title 11 of the United States Code (the "Bankruptcy

Code"), hereby brings this Complaint Objecting to the Discharge of the Debtor (the

"Complaint"). In support of this Complaint, Plaintiff respectfully avers as follows:

JURISDICTION

1.

This is an adversary proceeding brought by the Plaintiff pursuant to Rule 7001,

etseq., of the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules") and pursuant

to Section 727 of the Bankruptcy Code.

2.

This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§157 and

1334. This adversary proceeding is a "core" proceeding pursuant to 28 U.S.C. §157(b)(2)(J).

3.

Venue is proper in this Court pursuant to Section 1408 et seq. of Title 28 of the

United States Code.

^ This is without prejudice to Plaintiffs right to fil e a claim and/or complaint for fra udulent transfers piffiuan titt 12
Pa. C.S. § 5101 et seq.

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FACTS

4.

On August 12, 2013 (the "Petition Date"), the Debtor filed a voluntary petition

for relief under Chapter 7 of the Bankruptey Code in the United States Bankruptcy Court for the

Eastern District of Pennsylvania (the "Court").

5.

Plaintiff is a creditor of the Debtor and holds an unsecured claim against Debt or

in an amount not less than $5,670.62 (S ee Claim No.7-1).

6.

Prior to the Petition Date, Plaintiff and Debtor, among others, were litigants in

litigation originally filed by Plaintiff against the Debtor in the Municipa l Court of Philadelphia

(Docket #SC 13-01-17-4923) for negligence and breach of contract claims. Judgment was

entered in favor of Plaintiff and against Debtor.

7.

On June 20, 2013, Debtor appealed the judgment de novo to the Philadelphia

County Court of Common Pleas ("CCP Court") at Case No. 13-0602641 (the "CCP Litigation").

(See Exhibit 1, CCP Litigation Dockets) .

8.

On the Petition Date, the Debtor filed the Matrix listing his creditors, the Plaintiff

was not included on this list.

9.

On August 25, 2013, the Debtor filed Schedules A through J (the "Original

Schedules") (Dkt. No. 19) and Statement of Financial Affairs (the "Original Financial

Statement," and together with Original Schedules the "Original Filings")(Dkt. No. 20).

10.

The Debtor did not list the Plaintiff as a creditor or schedule the CCP Litigation in

the Original Filings or provide him with any notice of the Debtor's bankruptcy case.

11.

On September 18, 2013, the Chapter 7 Trustee held the scheduled 341 meeting of

creditors ("First Meeting"). The Debtor failed to appear.

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12.

The Plaintiff learned of the Debtor's bankruptcy petition on September 17, 2013,

and appeared at the First Meeting. At that time. Plaintiff, following a review of the Original

Filings, advised the Chapter 7 Trustee that Debtor had failed to disclose the following on his

Original Filings:

a.

Litigation against the City of Philadelphia relating to a condemnation of

property owned by the Debtor for an amount in excess of $1 million (the "Condemnation

Litigation");

b.

The alleged transfer of his business to his son prior to the date of his

bankruptcy filing and Debtor's continued ownership in same;

c.

d.

e.

f.

g.

The purchase and ownership of property in Lansdowne, Pennsylvania;

The purchase of a motor vehicle for his son;

Debtor's interest in property located in Pakistan;

The CCP case; and

Attorney fees and costs related to the Condemnation Litigation.

13.

On September 20, 2013, the Chapter 7 Trustee continued the Original Meeting to

October 16, 2013 ("Continued Meeting"), and filed a Notice of Change from No-Asset to Asset

Case and Request to Set a Bar Date (Dkt. No. 33).

14.

Thereafter, the Chapter 7 Trustee filed an application to retain counsel in the

Debtor's bankruptcy case (Dkt. 34) and application to retain as special counsel. Debtor's pre-

petition counsel, in connection with the Condemnation Litigation (Dkt. 41).

15.

On October 12, 2013, the Chapter 7 Trustee reported the meeting of creditors as

pending and not concluded and requested that the Debtor amen d his Original Filings and provide

certain documents to her by November 1, 2013.

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16.

On October 7, 2013, Debtor, in spite of continuing the CCP Litigation in violation

of the automatic stay imposed by Section 362 of the Bankruptcy Code, notified the CCP Court

for the first time of his bankruptcy filing. (See Exhibit 1, CCP Litigati on Dockets).

17.

On October 12, 2013, the Debtor filed Amended Schedules and Statement of

Financial Affairs (the "Amended Filings") (Dkt. Nos. 49 -52). In the Amended Filings, the

Debtor disclosed for the first time the Condemnation Litigation, CCP Case, and Pakistan

property.

18.

Upon information and belief, the Debtor has failed to produee the doeuments

requested by the Chapter 7 Trustee.

CQUIVTI

OBJECTTON TO DTSCHARGE PURSUANT TO 11 U.S.C. 8 727(alf21

19.

The Plaintiff repeats and realleges the allegations contained in paragraphs 1

through 18 of this Complaint, as if set forth in full herein.

20.

21.

The Court should deny the Debtor a discharge pursuant to 11 U.S.C. §727(a)( 2).

Section 727(a)(2) of the Bankruptcy Code provides: The court shall grant the

debtor a discharge, unless -

the debtor, with intent to hinder, delay, or defraud a
creditor or an officer of the estate eharged with eustody of
property under
transferred, removed,
destroyed, mutilated, or concealed, or has permitted to be
transferred, removed, destroyed, mutilated, or eoncealed—

title, has

this

(A) property of the debtor, within one year before the
date of the filing of the petition

11 U.S.C. §727(a)(2).

22.

The Debtor, with intent to hinder, delay or defraud Debtor's creditors, the Court

and the Chapter Trustee (who is charged with custody of Debtor's property under the

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Bankruptcy Code), has transferred, removed, destroyed, mutilated or concealed, or has permitted

to be transferred, removed, destroyed, mutilated or concealed property of Debtor's estate

within one year before the Petition Date and after the Petition Date.

23.

The Debtor's conduct that precludes discharge under Section 727(a)(2) of the

Bankruptcy Code is set forth above and includes, but is not limited to, upon information and

belief Debtor's transfer of and failure to disclose such transfer of his business, certain real

property, money, and motor vehicle to his son and/or others.

COUNT TT

OBJECTION TO DTSCHARGE PURSUANT TO 11 U.S.C. 8 72 7(atm

24.

The Plaintiff repeats and realleges the allegations contained in paragraphs 1

through 23 of this Complaint, as if set forth in full herein.

25.

The Court should deny the Debtor a discharge pursuant to 11 U.S.C. §727(a)(3).

Section 727(a)(3) of the Bankruptcy Code provides: The

court shall grant the debtor a discharge, unless -

the debtor has concealed, destroyed, mutilated, falsified, or
failed to keep or preserve any recorded information,
including books, documents, records, and papers, from
which
condition or business
transactions might be ascertained, unless such act or failure
to act was justified under all of the circumstances of the
case;

the debtor's financial

11 U.S.C. §727(a)(3).

26.

Upon information and belief, the Debtor has concealed, destroyed, mutilated,

falsified or failed to keep or preserve recorded information, including books, documents,

records and papers, from which his financial condition or business transactions might be

ascertained.

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27.

The Debtor's conduct that precludes discharge under Section 727(a)(3) is set forth

above and includes, upon information and belief: (a) Debtor 's failure to produce numerous

categories of information and documents that have been requested by the Chapter 7 Trustee; (b)

Debtor's failure to disclose his ownership interest in the residential property located at 1 4

Lexington Avenue, East Lansdowne, Pennsylvania (the "Lansdowne Property") and/or Debtor's

transfer of funds to repair same; (c) Debtor's failure to disclose his interest in the Condemnation

Litigation, absent disclosure by Plaintiff; and (d) Debtor's failure to disclose his continued

interest in the business.

28.

As a result of the aforementioned conduct of Debtor, denial of D ebtor's discharge

is appropriate and the Court should deny Debtor any discharge in the Chapter 7 Case pursuant t o

Section 727(a)(3) of the Bankruptcy Code.

CQVNT III

QP.TECTION TO DISCHARGE PURSUANT TO 11 IJ .S.C. § 727fft)(4)

29.

The Plaintiff repeats and realleges the allegations contained in paragraphs 1

through 28 of this Complaint, as if set forth in full herein.

30.

31.

The Court should deny the Debtor a discharge pursuant to 11 U.S.C. § 727(a)(4 ).

Section 727(a)(4) of the Bankruptcy Code provides: The court shall grant the

debtor a discharge, unless -

the debtor knowingly and fraudulently, in or in connection
with the case-

(A) made a false oath or account; (B) presented or used a
false claim;
(C) gave, offered, received, or attempted to obtain money,
property, or advantage, or a promise of money, property, or
advantage, for acting or forbearing to act: or (D) withheld
from an officer of the estate entitled to possession under
this title, any recorded information, including books.

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documents, records, and papers, relating to the debtor's
property or financial affairs;

11 U.S.C. §727(a)(4).

32.

The Debtor has knowingly and fraudulently, in or in connection with this Chapter

7 (a) made a false oath or account; (b) presented or used a false claim; and (c) withheld from the

Court and the Chapter 7 Trustee (who is entitled to possession under the Bankruptcy Code),

recorded information, including books, documents, records and papers, relating to Debtor's

property or financial affairs.

33.

The Debtor's conduct that precludes discharge under Section 727(a)(4) is set forth

above and ineludes: (a) Debtor's failure to disclose his interest in the Condemnation

Litigation,(b) Debtor's failure to disclose his interest in real property located in Pakistan, (c)

Debtor's failure to disclose his interest in the Lansdowne Property; (d) Debtor's failure to

disclose his continued interest in the business, and (e) upon information and belief. Debtor's

failure to produce information and documents that have been requested by the Chapter 7

Trustee.

34.

As a result of the aforementioned conduct of Debtor, denial of Debtor's discharge

is appropriate and the Court should deny Debtor any discharge in the Chapter 7 case pursuant to

Section 727(a)(4) of the Bankruptcy Code.

PRAYER FOR RETJEF

WHEREFORE, the Plaintiff respectfully requests entry of judgment on the Complaint as

follows:

A.

On Count I, judgment in favor of the Plaintiff denying the Debtor a discharge

pursuant to 11 U.S.C. §727(a)(2);

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B.

On Count II, judgment in favor of the Plaintiff denying the Debtor a discharge

pursuant to 11 U.S.C. §727(a)(3);

C.

On Count III, judgment in favor of the Plaintiff denying the Debtor a discharge

pursuant to II U.S.C. §727(a)(4);

D.

Granting the Plaintiff such other and further relief as the Court deems just

and proper.

Lloyd B. Wing, Jr.