Fill and Sign the Complaint Objecting to Dischargeallegationdestruction of Books from Which Financial Condition Might Have Been Ascertained Form

IN THE UNITED STATES BANKRUPTCY COURT FOR THE _________________________________DISTRICT OF ___________________________________________ (Name of State) IN RE: ________________________________________ CASE NO._____________(DEBTOR)_____________________________________ (CREDITOR) PLAINTIFFV. ADV. PROC. NO._____________________________________________ (DEBTOR) DEFENDANT COMPLAINT 1.Plaintiff, ______________________________________________ (Creditor), of ________________________________________________________________________ ________________________________________________________________________ ________________________________ (street address, city, county, state, zip code), is a creditor of the above-named Debtor. 2. Defendant, ______________________________________________ (Debtor), of ________________________________________________________________________ _______________________________________________________________________________________________________ (street address, city, county, state, zip code), is the Debtor in the above-captioned proceedings. 3. This is an action under 11 U.S.C.A. § 727(c) objecting to the discharge of the Defendant Debtor. The court has jurisdiction of this case pursuant to 28 U.S.C.A. § 1334. 4. Attorney for Plaintiff has investigated the actions of Debtor and being satisfied that the proper grounds exist for denial of the discharge of the Debtor, objects to granting of discharge of the Debtor. The grounds for such objection is set forth in the following paragraphs. 5.Debtor, on __________________________________ (date), destroyed or caused to be destroyed, certain books of account and records stored in the hard drive of a computer belonging to Debtor, as well as the only existing hard copies of said records, from which Debtor's financial condition might have been ascertained. Such destruction was not justified under the circumstances of the case. Therefore, Plaintiff and other creditors are, for want of actual knowledge and for means of acquiring knowledge, unable to state what Debtor’s assets and liabilities consisted of at the time of the filing of his Petition for Bankruptcy and for the year prior to such filing. THEREFORE, Plaintiff prays that: A.Debtor be denied a discharge for the several reasons alleged in the above and foregoing Complaint. B. That this Honorable Court set the day and date for hearing on this objection to discharge and further prays for all orders and decrees necessary in the premises. Respectfully Submitted, ____________________________________CREDITOR By_________________________________ (Name of Attorney) Plaintiff’s Attorney Certificate of Service This is to certify that I, ___________________________________________ (Name of Attorney), attorney for _____________________________________________ (Creditor), Plaintiff in the above-styled and numbered adversary proceeding, have this date served a true and correct copy of the above and foregoing Complaint by U.S. Mail, postage fully prepaid, to the following counsel of record for Defendant: _________________________________________________ (Name of Attorney)Post Office Box _____________City, State, Zip Code _____________________________________________________ _______________________This the ____day of __________________________________, 20____.Respectfully Submitted, ____________________________________ (Name of Attorney) State Bar No. _______ Attorney for PlaintiffOF COUNSEL: ___________________________________________ (Name of Attorney)Post Office Box _______-_________City, State, Zip Code ______________________________________________________ _______________________Telephone: _______-_______-___________