Fill and Sign the Discharge Bankruptcy Assets Form

IN THE UNITED STATES BANKRUPTCY COURT FOR THE _______________________________DISTRICT OF __________________________________________________ (Name of State) IN RE: _______________________________________ CASE NO.______________ (DEBTOR) ____________________________________ (CREDITOR) PLAINTIFF V. 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 has destroyed, mutilated, falsified, concealed or failed to keep or preserve books of accounts or records, from which Debtor's financial condition and business transactions might be ascertained. 6. Debtor has failed to explain satisfactorily any losses of assets or deficiency of assets to meet Debtor's liabilities. 7. Debtor has failed to list the names, addresses and amounts due and owing all of Debtor's creditors. That on the contrary, Debtor has failed to list a number of Debtor's creditors. 8. During ____________________________________________ (date of transfer) , the exact date being unknown to Plaintiff, Debtor transferred, removed, destroyed or concealed, or permitted to be removed, destroyed, sold or concealed, certain items of Debtor's property with intent to hinder, delay or defraud Debtor's creditors. 9. Upon examination of Debtor at the first meeting of creditors, Debtor testified that Debtor did not have any books of accounts or records from which Debtor's financial condition and business transactions might be ascertained. Debtor further testified that Debtor had never filed an income tax return with the United States Director of Internal Revenue from which Debtor's earnings might have been ascertained. 10. Debtor further testified at the first meeting of creditors that Debtor had sold and transferred title to the real property at _________________________________________ ________________________________________________________________________ ___________________________________ (street address, city, county, state, zip code), where Debtor now resides. Where this transaction was allegedly in the form of a deed, it actually was a mortgage to __________________________________________ (name of mortgagee) , for $_________________ bearing interest at the rate of ______% per annum from the date of the instrument. Said instrument further provided that at any time the amount was repaid to ______________________________________________ (name of mortgagee) , Debtor could “redeem” the property. Debtor failed to list this transaction or mortgage or refer to it in any way in Debtor's schedules in bankruptcy. 11. For the reasons shown above, Debtor should be denied discharge. THEREFORE, Plaintiff prays that: A. Debtor be ordered to amend and supplement Debtor's Petition and Schedules so as to show the names, addresses, and dates when the indebtedness was incurred, and the amounts due all of Debtor's creditors and to show specifically the dates when the indebtedness as to the creditors already listed were incurred; B. That if the Supplemental and Amended Petition be not received and filed in this Honorable Court within the next ______ ( number) days, then Plaintiff prays that no discharge be granted to the Debtor. C. Plaintiff further prays that Debtor be denied a discharge for the several reasons alleged in the above and foregoing Complaint. D. 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 Plaintiff OF COUNSEL: ___________________________________________________ (Name of Attorney) Post Office Box _______-__________ City, State, Zip Code ______________________________________________________ _____________________________________ Telephone: ______-______-__________