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Moye v. MRB Management, L.L.C. (In re Moye)

Citation: 418 F. App'x 303Docket: No. 10-20588

Court: Court of Appeals for the Fifth Circuit; March 15, 2011; Federal Appellate Court

Narrative Opinion Summary

The case involves debtors Marvin and Jolan Moye, who appealed the denial of their bankruptcy discharge by both the bankruptcy court and the district court. The dispute originated when MRB Management, L.L.C. filed an involuntary chapter 7 bankruptcy petition against JMW Auto Sales, owned by the Moyes, followed by a voluntary petition by the Moyes. The bankruptcy proceedings were consolidated with a set deadline for creditor objections. MRB filed timely objections citing sections 727 and 523 of the U.S. Bankruptcy Code, challenging the discharge based on the Moyes' failure to explain a significant loss of assets and preserve pertinent financial records. The bankruptcy court denied the discharge, a decision upheld by the district court, which found no clear error in the lower court's findings. The Moyes contended that MRB's claims were untimely, but this argument was rejected as the objections were filed within the deadline. Additionally, MRB's repleading of claims did not affect their timeliness. The appellate court affirmed the district court's judgment, concluding that the Moyes' explanations for their financial discrepancies were insufficient, consistent with prior case law regarding undocumented expenses. The decision is not published and is not precedent-setting except under specific conditions.

Legal Issues Addressed

Denial of Discharge under Bankruptcy Code Section 727

Application: The court denied the Moyes' discharge due to inadequate explanation of asset loss and failure to preserve records.

Reasoning: The bankruptcy court denied discharge, stating that the Moyes failed to preserve records and made false statements.

Filing Deadline for Objections to Discharge

Application: MRB Management filed objections by the designated deadline, making their claims timely and valid.

Reasoning: The Moyes' argument that MRB's claims were untimely was dismissed, as MRB had filed objections by the designated deadline.

Repleading of Claims in Bankruptcy Proceedings

Application: MRB's repleading of its § 727 claims as part of the consolidated § 523 action was held not to render the claims untimely.

Reasoning: MRB repleaded its § 727 claims as part of the consolidated § 523 action, and this repleading does not render the claims untimely.

Standard of Review for Factual Findings

Application: The appellate court found no clear error in the bankruptcy court's factual findings regarding the Moyes' explanations for asset loss.

Reasoning: The court's factual findings regarding the Moyes' explanations were not found to be clearly erroneous.