Facts

Plaintiff filed this Complaint for Determination of Nondischargeability of Debt and Denial of Discharge (hereinafter referred to as "Complaint") pursuant to 11 section U.S.C. 523(a)(4) and 11 section U.S.C. 727(a)(2)(A)(B), (a)(3), (a)(4)(A).

The Court granted defendant's motion to dismiss the 11 section U.S.C. 523(a)(4) cause of action. Trial proceeded on 11 section U.S.C. 727(a)(2)(A)(B), (a)(3), (a)(4)(A) grounds.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that Defendant lied in his bankruptcy papers and withheld from disclosure $650,000 in assets.

DEFENDANT'S CONTENTIONS:
Defendant claimed that Plaintiff's complaint for Denial of Discharge was solely pursuant to 11 Section U.S.C. 727(a)(2)(A)(B), (a)(3), (a)(4)(A).

Defendant contended that Plaintiff presented no evidence that Defendant did anything (wrong) within the relevant time periods of these code sections.

Result

Plaintiff did not file plaintiff's testimony by declaration in accordance with the Court's scheduling order. Subsequently, Defendant filed a motion to dismiss for want of prosecution. Plaintiff's declaration was filed three weeks later. The declaration stated that Plaintiff's case was predicated on Plaintiff impeaching Defendant on the witness stand about his assets. At trial, Plaintiff was unable to cross-examine defendant because he had not been subpoenaed. Without Defendant's testimony, the Court found that Plaintiff had no case. Accordingly, the Court granted defendant's motion to dismiss for want of prosecution, and viewed it as a motion for judgment on the pleadings. Judgment was granted for defendant. The $650,000 debt was discharged.