IN RE COHEN

Bankruptcy No. 91-14643S, Adv. No. 91-1109.

142 B.R. 720 (1992)

In re Larry Jay COHEN, Debtor. The BANK OF CHESTER COUNTY, Plaintiff, v. Larry Jay COHEN, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

July 23, 1992.


Attorney(s) appearing for the Case

Eric L. Frank, Miller & Miller, Philadelphia, Pa., for debtor.

Guy A. Donatelli, Lamb, Windle & McErlane, P.C., West Chester, Pa., for plaintiff.

Lawrence T. Phelan, Philadelphia, Pa., trustee.

Michael J. McCanney, Jr., Plymouth Meeting, Pa., for Philip J. Banks.

Susan Verbonitz, Philadelphia, Pa., for Royal Bank of Pa.

David Fishbone, Ciardi, Fishbone & DiDonato, Philadelphia, Pa., for Joseph and Tremayne Selig.

Frederic Baker, Philadelphia, Pa., Asst. U.S. Trustee.


OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

The instant proceeding exemplifies the difficulties inherent in a creditor's reliance, as its sole basis for challenging a debtor's bankruptcy discharge, upon 11 U.S.C. § 727(a)(2)(A), which requires an "intent to hinder, delay, or defraud a creditor," as opposed to 11 U.S.C. §§ 727(a)(3) and (a)(5), which do not necessitate any showings of the debtor's motivations for actions...

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