Case 10-03774-LMI Doc 1 Filed 12/08/10 Page 1 of 6

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA
FORT LAUDERDALE DIVISION
www.flsb.uscourts.gov

IN RE:
DAVID R. DUERSON CASE NO.: 10-37774-LMI

Debtor. CHAPTER 7
______________________/

ALICIA DUERSON, ADVERSARY NO.:

Plaintiff,

v.

DAVID R. DUERSON,
Defendant.
________________________________/

COMPLAINT OBJECTING TO DEBTOR’S DISCHARGE UNDER 11 U.S.C. § 727 AND

TO DETERMININE DISCHARGEABILITY UNDER 11 U.S.C. § 523.

The Plaintiff, ALICIA DUERSON, sues the Defendant/Debtor, DAVID R. DUERSON,

seeking to deny the Debtor’s bankruptcy discharge, and to determine dischargeability pursuant to

11 U.S.C. § 523, and states:

1. This is an adversary proceeding Objecting to Debtor’s Discharge under 11 U.S.C. §

727 and to Determine Dischargeability under 11 U.S.C § 523.

2. This court has jurisdiction over this subject matter pursuant to 28 U.S.C. §§ 157 and

1334(b).

3. This is a core proceeding for which the Court is authorized to hear and determine all

matters regarding this case in accordance with 28 U.S.C. § 157(b)(2)(I) and (b)(2)(J).
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Complaint Objecting to Discharge and to Determine Dischargeability

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4. This case was commenced by the filing of a voluntary Chapter 7 bankruptcy petition

of David R. Duerson on September 16, 2010 in the United States Bankruptcy Court for the

Southern District of Florida, Miami Division.

5. Marcia T. Dunn was duly appointed Chapter 7 Trustee.

6. The Meeting of Creditors was held and concluded on October 25, 2010.

COUNT I – OBJECTION TO DISCHARGE PURSUANT TO 11 U.S.C § 727(a)(2)(A)

The Plaintiff re-alleges paragraphs 1 through 6 above as if fully set forth herein.

7. Section 727(a)(2)(A) of the Bankruptcy Code supplies an exception to the general

discharge provisions of Section 727, providing that no discharge shall be granted if:

“the debtor, with intent to hinder, delay, or defraud a creditor or an officer of the estate

charged with custody of property under this title, has transferred, removed, destroyed,

mutilated, or concealed, or has permitted to be transferred, removed, destroyed,

mutilated, or concealed--

(A) property of the debtor, within one year before the date of the filing of the petition”

8. The Debtor knowingly concealed his interest in property with the intent to hinder,

delay, or defraud a creditor, namely, the Plaintiff.

9. Upon information and belief, and subject to amendment, the property concealed by the

Debtor includes:

a. Two Super Bowl championship rings acquired during his previous career

as a professional football player.

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b. A large bronze trophy awarded for being named the Walter Payton Man of

the Year in 1987.

c. A Rolex Submariner timepiece.

d. Various items of jewelry.

e. Substantial amounts of office furniture, including, but not limited to, a

Chippendale desk.

10. The Defendant concealed his interest in said assets by failing to disclose these

assets in any filings with the Court.

11. The Defendant knew of the existence of the assets he failed to disclose, yet he

knowingly and fraudulently failed to disclose them on his Schedules and amendments thereto,

Statement of Financial Affairs. Only when confronted with evidence of the existence of those

assets did Debtor acknowledge their existence.

12. The Defendant intentionally did not disclose the existence of the undisclosed assets

in an effort to conceal their existence from the Plaintiff and the Trustee.

13. All of these assets have significant value.

14. As a result, the Defendant Debtor transferred, removed, destroyed, mutilated, or

concealed, with the intent to hinder, delay, or defraud creditors or the Trustee, property of the

Defendant Debtor within one year before the date of filing of the petition.

Wherefore, the Plaintiff respectfully requests that this Court enter judgment denying the

Defendant’s discharge under 11 U.S.C. § 727(a)(2)(A) and providing for such other relief as is

just and proper.

COUNT II – DETERMINATION OF
NON-DISCHARGEABILITY PURSUANT TO 11 U.S.C § 523(a)(15)
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The Plaintiff re-alleges paragraphs 1 through 6 above as if fully set forth herein.

15. Prior to the Petition Date, the Plaintiff and Defendant were married to each other.

Subsequently, a dissolution of marriage proceeding was filed in the matter styled In re the

Marriage of Alicia Duerson v. David R. Duerson, in the Circuit Court in and for Lake County,

Illinois.

16. Pursuant to the Dissolution Judgment, the Debtor was ordered, among other things,

to make certain scheduled support payments to the Plaintiff.

17. At the present time, Debtor owes Plaintiff approximately $70,000.00 in accordance

with the Dissolution Judgment.

18. The payments required under the Dissolution Judgment are to a spouse, former

spouse, or child of the Debtor incurred by the Debtor in the course of a divorce.

19. Accordingly, the debts and obligations due and owing to the Plaintiff under the

Dissolution Judgment are non-dischargeable pursuant to 11 U.S.C. § 523(15) of the Bankruptcy

Code.

Wherefore, the Plaintiff respectfully requests that this Court enter judgment determining

that amount owing Plaintiff is non-dischargeable pursuant to 11 U.S.C. § 523(15), and providing

for such other relief as is just and proper.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court

for the Southern District of Florida, and I am in compliance with the additional qualifications to

practice in this Court set forth in Local Rule 2090-1(A); and that a true copy of the above
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document was filed electronically and served electronically and by mail to all interested parties

as specified on attached service list on this 8th day of December, 2010.

DAVID W. LANGLEY
Attorney for Plaintiff
8551 W. Sunrise Blvd., Suite 303
Plantation, Florida 33322
Telephone: 954-356-0450
Facsimile: 954-356-0451
E-mail: dave@flalawyer.com

By: ___/s/_David W. Langley_______

David W. Langley, Esq.
Florida Bar Number 348279
via CM/ECF Electronic Delivery:

Marcia T Dunn
MDunn@dunnbankruptcy.com, mdunn@ecf.epiqsystems.com

Office of the US Trustee

USTPRegion21.MM.ECF@usdoj.gov

Recovery Management Systems Corp (RS)

claims@recoverycorp.com

Peter A. Rose on behalf of Debtor David Duerson

parrosepa@bellsouth.net, lhrosepa@bellsouth.net

Joel L Tabas on behalf of Trustee Marcia Dunn

jtabas@tabasfreedman.com; karen@tabasfreedman.com paola@tabasfreedman.com;
rdecker@tabasfreedman.com; afiorentino@tabasfreedman.com; jseff@tabasfreedman.com;
francis@tabasfreedman.com; mrochman@tabasfreedman.com; mcampbell@tabasfreedman.com;
rnanes@tabasfreedman.com

via U.S. Mail Delivery:

Alicia Duerson
836 Judson Ave Anthony J. Madonia & Associated Bank Chicago
Highland Park IL 60035 Assoc. 200 E Randolph
150 N. Wacker Dr #2600 Chicago IL 60601
Chicago IL 60606
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Michael P Dunn Esq

Bank of America Jeffrey Leavell Esq 757 N Broadway #300
POB 15153 723 S Main St Milwaukee WI 53202
Wilmington DE 19886 Racine WI 53403
Northern Trust NA
David Cisar Esq Joel Blumberg Esq 18909 NE 29 Ave
von Briesen & Roper SC 200 Butler St #307 Aventura FL 33180
411 E Wisconsin Ave #700 West Palm Beach FL
Milwaukee WI 53202 33407 Ocean One @ 194 Condo
Assoc.
Duerson Foods LLC Kenosha Area Business 19333 Collins Ave
150 N Wacker Dr #2600 Alliance Inc. Sunny Isles Beach FL
Chicago IL 60606 600 52 St #120 33160
Kenosha WI 53140
Geraldine Holt Esq Randall Hagen Esq
30 N. La Salle St #1515 Lasalle National Leasing 6325 Woodside Ct #210
Chicago IL 60602 Corp. Columbia MD 21046
One West Pennsylvania
Greenline Capital Partners Ave #1000 State of Wisconsin
I LLC Towson MD 21204 Department of Revenue
5801 Christie Ave Mail Stop 5-1444
Emeryville CA 94608 Law Offices of David Del POB 8906
Re Madison WI 53708
Highly Favored Family 210 N Martin Luther King
Trust Jr Walter Kirkman Esq
1010 Lake Forest Dr Waukegan IL 60085 120 E Baltimore St 9th Flr
Southlake TX 76092 Baltimore MD 21202