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IN RE HOFMANN

Bankruptcy No. 87-01341-BKC-TCB, Adv. No. 87-0405-BKC-TCB-A.

81 B.R. 699 (1987)

In re Robert HOFMANN, Debtor. UNITED STATES of America, Plaintiff, v. Robert HOFMANN, Defendant.

United States Bankruptcy Court, S.D. Florida.

December 9, 1987.

Attorney(s) appearing for the Case

Jose F. DeLeon, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff.

Philip T. Weinstein, Weinstein & Garvin, P.A., Miami, Fla., for defendant.

The Roth Trustee Corp., Miami, Fla.

Leon B. Kellner, U.S. Atty., Attn: Civ. Div., Miami, Fla.

John T. Lyons, IRS Dist. Counsel, Miami, Fla.

MEMORANDUM DECISION

THOMAS C. BRITTON, Chief Judge.

The Government, as a creditor, opposes the debtor's discharge under 11 U.S.C. § 727(a)(2)(A), (3), (4), and (5). The debtor has answered and the matter was tried on October 1. I find that discharge must be denied under § 727(a)(3) and (5).

Facts Pertinent to § 727(a)(3)

The debtor is an attorney who has practiced 33 years. In October 1979 judgment was entered against...

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