Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Midgette v. Schief (In Re Schief)
Citations: 101 B.R. 805; 1989 Bankr. LEXIS 1115Docket: 19-12655
Court: United States Bankruptcy Court, S.D. Florida.; June 20, 1989; Us Bankruptcy; United States Bankruptcy Court
The court ruled to deny Francoise Le Guehennec Schief's discharge under 11 U.S.C. § 727(a)(2)(A) in a bankruptcy case initiated on December 19, 1988. The plaintiff, Richard I. Midgette, Sr., sought this denial based on claims that the debtor transferred property with the intent to hinder, delay, or defraud him. The key incident involved the debtor selling a property in France on December 28, 1987, after a divorce decree mandated she transfer a 37.5% interest in the property to the plaintiff. She sold the house for one million francs, did not convey any interest to the plaintiff, and instead used the proceeds to pay off mortgages and repay loans to relatives, later bringing about 10,000 francs to the U.S., of which she gave $5,000 to her son. The court found the debtor's actual intent to defraud could be inferred from her actions and the circumstances surrounding the sale and disbursement of proceeds. Despite the debtor's claim that failure to prepare a deed for the property transfer was due to her attorney's unfamiliarity with French law, this explanation did not negate the evidence of her fraudulent intent. The court concluded that the plaintiff met the burden of proving the debtor's intent to conceal assets, resulting in a denial of discharge under § 727(a)(2)(A). A separate judgment will be issued to formalize this ruling, and costs may be taxed upon motion.