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1st Circuit Bankruptcy Appellate Decision – Kevin Barry, Jr. v. Joyce Warchol

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The debtors, Kevin J. Barry, Jr. (“Mr. Barry”) and Kimberly A. Barry (“Mrs. Barry”) (collectively “the Barrys”), appeal from a bankruptcy court judgment denying their chapter 7 discharges under §727(a)(2)(A).1 In ruling for the appellee, Joyce Warchol (“Warchol”), the bankruptcy court concluded that the Barrys granted four pre-petition mortgages with the intent to hinder or delay the collection of Warchol’s judgment debt against Mr. Barry. The judgment denying discharge is REVERSED as to Mrs. Barry and AFFIRMED as to Mr. Barry.

[gview file=http://www.bap1.uscourts.gov/bap.pdf.opinions/10-058P.pdf]

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