U.S. Trustee Program Obtains Denial of Discharge Based on Chapter 7 Debtor’s Failure to Preserve Records

The United States Trustee Program (USTP) recently obtained denial of bankruptcy discharge for a chapter 7 debtor who had not filed tax returns for many years and did not maintain records for his business.

On October 31, the Bankruptcy Court for the Eastern District of Kentucky granted the U.S. Trustee’s motion for summary judgment and denied a discharge to chapter 7 debtor Charbel Joseph, the sole proprietor of an unincorporated construction business. The debtor claimed assets of just over $21,000 and debts of more than $10 million. An investigation by the U.S. Trustee’s Lexington office revealed that the debtor had not filed tax returns in 16 years, did not maintain any bank accounts and operated a construction business on a cash basis. The debtor produced copies of dozens of checks totaling more than $1.4 million payable to him and dated within two years of the bankruptcy filing, but he was unable to account for the disposition of about $1.3 million of those funds.

The U.S. Trustee filed a complaint seeking to bar the debtor’s discharge and, after discovery closed, filed a motion for summary judgment. After oral argument, the court granted the motion over the debtor’s objection and entered judgment in the U.S. Trustee’s favor.

One of the USTP’s core functions is to combat bankruptcy fraud and abuse through civil enforcement actions against debtors who engage in fraud or otherwise abuse the bankruptcy system. When circumstances warrant, the USTP takes action to deny those debtors a discharge. Under section 727(a)(3) of the Bankruptcy Code, debtors are not entitled to a discharge if they unjustifiably conceal, destroy, mutilate, falsify or fail to maintain or preserve records about their financial condition or business transactions.

“The bankruptcy discharge is the key to a fresh start and comes with obligations, including transparency about the debtor’s financial condition” said Director Tara Twomey of the Executive Office for U.S. Trustees. “Although the vast majority of debtors are honest people who simply want to overcome their financial challenges, cases such as this one require action to prevent unfair manipulation of the bankruptcy system.”

The USTP’s mission is to promote the integrity and efficiency of the bankruptcy system for the benefit of all stakeholders – debtors, creditors and the public. The USTP consists of 21 regions with 89 field offices nationwide and an Executive Office in Washington, D.C. Learn more about the USTP at www.justice.gov/ust.