IN RE SWEGAN

No. 07-8006.

383 B.R. 646 (2008)

In re Ralph Wendell SWEGAN, Debtor. Buckeye Retirement Co., LLC, LTD., Plaintiff — Appellant, v. Ralph Wendell Swegan, Defendant — Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed March 19, 2008.


Attorney(s) appearing for the Case

Scott D. Fink, Weltman, Weinberg & Reis Co., L.P.A., Cleveland, OH, for Appellant.

Michael D. Buzulencia, Law Offices Of Michael D. Buzulencia, Warren, OH, for Appellee.

Before AUG, PARSONS, and SCOTT, Bankruptcy Appellate Panel Judges.


OPINION

JOSEPH M. SCOTT, JR., Bankruptcy Judge.

Buckeye Retirement Co. ("Buckeye") appeals the bankruptcy court's order denying its motion for summary judgment and granting summary judgment in favor of the debtor Ralph Swegan ("Debtor") on Buckeye's complaint seeking an order denying the Debtor a discharge pursuant to 11 U.S.C. § 727(a)(2)(A). Because the Panel disagrees with the bankruptcy court's restrictive application of "concealment" within the...

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