Robert Shuman v. Kenneth Ruford Allen

U.S. Court of Appeals for the Eleventh Circuit
Robert Shuman v. Kenneth Ruford Allen, 423 F. App'x 966 (11th Cir. 2011)

Robert Shuman v. Kenneth Ruford Allen

Opinion

PER CURIAM:

This case involves a dispute between a Chapter 13 bankruptcy debtor and his creditors about the failure to disclose certain assets and transactions, post-confir *967 mation. During the pendency of his bankruptcy, Kenneth Ruford Allan engaged in various financial transactions and became the beneficiary of an irrevocable spendthrift trust, which he failed to disclose to the bankruptcy court. Two of Allan’s unsecured creditors present two issues on appeal, namely (1) whether the bankruptcy court erred in denying the creditors’ motion to modify Allan’s bankruptcy plan, and (2) whether the bankruptcy court abused its discretion in denying the creditors’ motion to dismiss on the grounds that Allan did not act in bad faith in failing to disclose the post-confirmation transactions and Trust.

After oral argument and careful consideration, we conclude that the bankruptcy court did not err in denying the creditors’ motion to modify Allan’s bankruptcy plan and did not abuse its discretion in denying the creditors’ motion to dismiss Allan’s bankruptcy petition. Accordingly, we affirm.

AFFIRMED.

Reference

Full Case Name
In Re: Kenneth Ruford ALLAN, Debtor. Robert Shuman, Dr., Allan & Harper Custom Homes, LLC, Plaintiffs-Appellants, v. Kenneth Ruford Allan, Defendant-Appellee
Status
Unpublished