IN RE SWANSON

BAP No. 12-6028.

476 B.R. 236 (2012)

In re Mark SWANSON, Debtor. Daniel M. McDermott, United States Trustee, Plaintiff-Appellee v. Mark Swanson, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided: August 17, 2012.


Attorney(s) appearing for the Case

Barbara J. May , Roseville, MN, for Appellant.

Colin Kreuziger , Minneapolis, MN, Cameron M. Gulden , Washington, DC, for Appellee.

SCHERMER, VENTERS and NAIL, Bankruptcy Judges.


VENTERS, Bankruptcy Judge.

The Debtor, Mark Swanson, appeals from the decision of the bankruptcy court granting the United States Trustee's motion under Fed. R. Bank. P. 8012 and Fed.R.Civ.P. 12(c) for judgment on the pleadings in an action to deny the Debtor's discharge under 11 U.S.C. § 727(a)(3) and (a)(5). For the reasons stated below, we reverse the bankruptcy court's decision and remand the case for further proceedings consistent with this opinion.

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