david duerson suit

UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISIONwww.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 ANDTO 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 DischargeabilityIn re: David R. Duerson, Case No.: 10-37774-LMI

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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 OFNON-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. LANGLEYAttorney for Plaintiff8551 W. Sunrise Blvd., Suite 303Plantation, Florida 33322Telephone: 954-356-0450Facsimile: 954-356-0451E-mail: [email protected]

By: ___/s/_David W. Langley_______David W. Langley, Esq.Florida Bar Number 348279

via CM/ECF Electronic Delivery:

Marcia T Dunn

[email protected], [email protected]

Office of the US Trustee

[email protected]

Recovery Management Systems Corp (RS)

[email protected]

Peter A. Rose on behalf of Debtor David Duerson

[email protected], [email protected]

Joel L Tabas on behalf of Trustee Marcia Dunn

[email protected]; [email protected] [email protected];

[email protected]; [email protected]; [email protected];

[email protected]; [email protected]; [email protected];

[email protected]

via U.S. Mail Delivery:

Alicia Duerson836 Judson AveHighland Park IL 60035

Anthony J. Madonia &Assoc.150 N. Wacker Dr #2600Chicago IL 60606

Associated Bank Chicago200 E RandolphChicago IL 60601


mailto:[email protected]











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Bank of AmericaPOB 15153Wilmington DE 19886

David Cisar Esqvon Briesen & Roper SC411 E Wisconsin Ave #700Milwaukee WI 53202

Duerson Foods LLC150 N Wacker Dr #2600Chicago IL 60606

Geraldine Holt Esq30 N. La Salle St #1515Chicago IL 60602

Greenline Capital PartnersI LLC5801 Christie AveEmeryville CA 94608

Highly Favored FamilyTrust1010 Lake Forest DrSouthlake TX 76092

Jeffrey Leavell Esq723 S Main StRacine WI 53403

Joel Blumberg Esq200 Butler St #307West Palm Beach FL33407

Kenosha Area BusinessAlliance Inc.600 52 St #120Kenosha WI 53140

Lasalle National LeasingCorp.One West PennsylvaniaAve #1000Towson MD 21204

Law Offices of David DelRe210 N Martin Luther KingJrWaukegan IL 60085

Michael P Dunn Esq757 N Broadway #300Milwaukee WI 53202

Northern Trust NA18909 NE 29 AveAventura FL 33180

Ocean One @ 194 CondoAssoc.19333 Collins AveSunny Isles Beach FL33160

Randall Hagen Esq6325 Woodside Ct #210Columbia MD 21046

State of WisconsinDepartment of RevenueMail Stop 5-1444POB 8906Madison WI 53708

Walter Kirkman Esq120 E Baltimore St 9th FlrBaltimore MD 21202


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