UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF NEW YORK

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In the Matter of

Chapter 7

, Case No.

COMPLAINT

Debtor.

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KENNETH KIRSCHENBAUM, as Trustee

for the Estate of ,

Plaintiff, Adv. Pro. No.

‑against‑

,

Defendant.

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Plaintiff, by his attorneys, KIRSCHENBAUM & KIRSCHENBAUM, P.C., as and for his complaint herein alleges:

THE PARTIES

1. Plaintiff is the duly appointed, qualified, and acting Chapter 7 trustee of the estate of the above-named debtor.

2. Defendant is the debtor in the within bankruptcy proceeding.

3. That at all times hereinafter mentioned defendant did, and upon information and belief, still does, reside at Lane , Town , New York.

JURISDICTION AND VENUE

4. This Court has jurisdiction over this matter pursuant

to 28 U.S.C. Section 1334.

5. This is a core proceeding under 28 U.S.C. Section 157

(b)(2)(J).

6. Pursuant to 28 U.S.C. Section 1409, this is the proper venue for this adversary proceeding.

7. The statutory predicates for the relief sought herein are 11 U.S.C. Sections 727(a)(3) and (5).

GENERAL ALLEGATIONS

8. Debtor’s Name (hereinafter the “Debtor”) filed a voluntary petition for relief pursuant to Chapter 7 of Title 11 of the United States Code (the “Bankruptcy Code”) on , 2003 under case number (hereinafter “the petition”).

9. This adversary proceeding arises out of and relates to the Chapter 7 case of the debtor on the docket of this court. 10. According to Schedule F annexed to the Defendant’s petition, the Defendant had general unsecured debt totaling the aggregate sum of $ at the time of the filing of his petition.

11. According to Schedule A annexed to the Defendant’s petition, the Defendant had no real property at the time of the filing of his petition.

12. According to Schedule B annexed to the Defendant’s petition, the Defendant had personal property with an aggregate value of $ at the time of the filing of his petition, of which $ was attributed to a leased vehicle which was not the property of the Defendant.

13. According to Schedule J annexed to the Defendant’s petition, the Defendant had current monthly expenditures of

$ per month at the time of the filing of his petition.

14. According to the Defendant’s Statement of Financial Affairs, the Defendant and his spouse had joint income of $ for the year , $ for the year and $ ($ wages and $ worker’s compensation) for the year up to the date of filing.

15. According to Schedule F annexed to the Defendant’s petition, approximately $ of the general unsecured debt incurred by the Defendant up to the time of the filing of the petition was consumer credit card debt and $ in debt was incurred as a result of a loan from the Bank of New York.

16. Much of the credit card debt incurred by the Defendant was the result of purchases made by the Defendant for luxury items.

17. The luxury items purchased by the Defendant are not listed in Schedule B annexed to the petition.

18. No recorded information, including books, documents, records and papers, from which the Defendant’s financial condition might be ascertained, has been turned over by the Defendant to the Trustee.

19. The Defendant cannot adequately account for the luxury items purchased on credit or the monies borrowed.

AS AND FOR A FIRST CAUSE OF ACTION FOR AN ORDER DENYING THE DEBTOR A DISCHARGE PURSUANT TO 11 U.S.C. SECTION 727(a)(3)

20. The Defendant has failed to keep or preserve any recorded information, including books, documents, records, and papers, from which the Defendant’s financial condition might be ascertained.

21. By virtue of the foregoing the Defendant’s discharge should be denied pursuant to 11 U.S.C. Section 727(a)(3).

AS AND FOR A SECOND CAUSE OF ACTION FOR AN ORDER DENYING THE DEBTOR A DISCHARGE PURSUANT TO 11 U.S.C. SECTION 727(a)(5)

22. The Defendant has failed to explain satisfactorily any loss of assets or deficiency of assets to meet his liabilities.

23. By virtue of the foregoing, the Defendant’s discharge should be denied pursuant to 11 U.S.C. Section 727(a)(5).

RELIEF REQUESTED

WHEREFORE, Plaintiff respectfully requests the entry of an order and judgment denying the discharge of the Defendant pursuant to 11 U.S.C. Sections 727(a)(3) and (5), together with such other and further relief as this Court deems just and proper.

Dated: Garden City, New York

May 22, 2003

KIRSCHENBAUM & KIRSCHENBAUM, P.C.

Attorneys for the Trustee

By:_________________________________ , Esq 200 Garden City Plaza

Garden City, New York 11530

(516) 747‑6700