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IN RE McCARTHY

BAP No. MB 12-059. Bankruptcy No. 10-11788-JNF. Adversary No. 10-01309-JNF.

488 B.R. 814 (2013)

Thomas P. McCARTHY, Debtor. Robin Singh Educational Services, Inc., d/b/a TestMasters, Plaintiff-Appellee, v. Thomas P. McCarthy, Defendant-Appellant.

United States Bankruptcy Appellate Panel for the First Circuit.

March 22, 2013.

Attorney(s) appearing for the Case

Walter Oney, Esq. , Fitchburg, MA, on brief, for Defendant-Appellant.

Charles J. Domestico, Esq. and Vincent M. Domestico, Esq. , Framingham, MA, on brief, for Plaintiff-Appellee.

Before HAINES, TESTER, and GODOY, United States Bankruptcy Appellate Panel Judges.

GODOY, Bankruptcy Judge.

Thomas P. McCarthy (the "Debtor") appeals from the bankruptcy court's order denying his discharge pursuant to, §§ 727(a)(2)(B), and 727(a)(3), 727(a)(4).1 The Debtor admits that he omitted assets from his schedules, but contends that he did not have the requisite fraudulent intent because he suffers from attention deficit hyperactivity disorder ("ADHD"), which impairs his working memory. For the reasons...

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