IN RE SCHERMER

Bankruptcy No. 38400049, Adv. No. 3840031.

59 B.R. 924 (1986)

In re James Barry SCHERMER a/k/a Barry Schermer, Debtor. CITIZENS FIDELITY BANK AND TRUST COMPANY, Plaintiff, v. James Barry SCHERMER a/k/a Barry Schermer, Defendant.

United States Bankruptcy Court, W.D. Kentucky.

April 24, 1986.


Attorney(s) appearing for the Case

Charles R. Simpson, III, Louisville, Ky., for Trustee.

David T. Stosberg, Louisville, Ky., for plaintiff.

Lisa Koch Bryant, Louisville, Ky., for defendant.


MEMORANDUM OPINION

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

A complaint under Section 727 of the Bankruptcy Code, the most serious noncriminal action a creditor can bring against a debtor in bankruptcy, is before the court. Here we examine the final months of a debtor's failing business, not only to determine whether the debtor is entitled to a discharge, but also to decide whether the trustee is entitled to claim certain assets as property of the debtor...

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