IN RE BARRY

BAP No. MW 10-058. Bankruptcy No. 07-44352-HJB. Adversary No. 08-04040-HJB.

451 B.R. 654 (2011)

Kevin J. BARRY, Jr. and Kimberly A. Barry, Debtors. Joyce A. Warchol, Plaintiff-Appellee, v. Kevin J. Barry, Jr. and Kimberly A. Barry, Defendants-Appellants.

United States Bankruptcy Appellate Panel for the First Circuit.

June 9, 2011.


Attorney(s) appearing for the Case

Stephen F. Gordon, Esq. , Todd B. Gordon, Esq. , and Ashley S. Whyman, Esq. , on brief for Defendants-Appellants.

Michael B. Feinman, Esq. , and Stephen P. Shannon, Esq. , on brief for Plaintiff-Appellee.

Before HAINES, VOTOLATO, and DEASY, United States Bankruptcy Appellate Panel Judges.


VOTOLATO, U.S. Bankruptcy Appellate Panel Judge.

The debtors, Kevin J. Barry, Jr. ("Mr. Barry") and Kimberly A. Barry ("Mrs. Barry") (collectively "the Barrys"), appeal from a bankruptcy court judgment denying their chapter 7 discharges under § 727(a)(2)(A).1 In ruling for the appellee, Joyce Warchol ("Warchol"), the bankruptcy court concluded that the Barrys granted four pre-petition mortgages with the intent to hinder or delay the...

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