Case AJM-7A Doc 23 Filed 02/22/10 EOD 02/22/10 14:40:51 Pg 1 of 6

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1 Case AJM-7A Doc 23 Filed 02/22/10 EOD 02/22/10 14:40:51 Pg 1 of 6 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION IN RE: HEMMER, GREGORY ALLAN CASE NO AJM-7A Debtor. THOMAS A. KRUDY, CHAPTER 7 TRUSTEE Plaintiff. v. ADVERSARY NO. DARCI F. HEMMER, GREGORY A. HEMMER Defendants. COUNT I COMPLAINT FOR THE AVOIDANCE OF A 11 U.S.C. 548 TRANSFER Comes now Thomas A. Krudy, the Chapter 7 trustee and Plaintiff herein, by counsel, Paul D. Gresk, and in support of this Complaint makes the following showing: 1 That this Court has jurisdiction in this adversary proceeding pursuant to 28 U.S.C. 1334, That the Debtor filed for relief from his debts pursuant to Chapter 7 of the U.S. Bankruptcy Code on October 23, That the Plaintiff herein, Thomas A. Krudy, is the duly appointed Chapter 7 trustee of the bankruptcy proceeding. 4 That the Defendant Darci F. Hemmer is the wife of the Debtor.

2 Case AJM-7A Doc 23 Filed 02/22/10 EOD 02/22/10 14:40:51 Pg 2 of 6 5 That the Defendant Gregory A. Hemmer is the debtor of this bankruptcy proceeding. 6 That prior to his bankruptcy filing the defendants maintained a joint savings account with Wells Fargo Account # ***-**** That on January 29, 2009 this joint savings account had a balance of $141, It is the Plaintiff s belief that the funds on deposit in this account resulted from the sale of the defendants Colorado residence in March of Thus, the funds in this account were jointly and equally owned. 8 That on March 2, 2009 the defendants withdrew $2, from the ****6299 savings account and deposited these funds into a joint checking account held by them with Chase Account # **** That on March 5, 2009 the defendants withdrew $22, from the ****6299 account and deposited these funds into a joint checking account held by them with Chase Account # **** That Plaintiff asserts that the defendants each owned one half of the funds that were transferred. 11 That on June 1, 2009 the parties caused to be deposited $17,500 from their Chase ****4233 account into a Bank of Indianapolis checking account, Account # **** 806, an account that is solely held by the Defendant Darci F. Hemmer. 12 That at the time of the above transfer each of the defendants owned onehalf of the $17, That the Debtor s contribution of $8, to this transfer is essentially a gift that was made by the Debtor to his wife immediately prior to this bankruptcy filing.

3 Case AJM-7A Doc 23 Filed 02/22/10 EOD 02/22/10 14:40:51 Pg 3 of 6 14 That this gift made by the Debtor to his wife is a fraudulent transfer as defined by 11 U.S.C. 548 in that the transfer was made without the return of adequate consideration, was made while the Debtor was insolvent and was made within 2 years of the Debtor s bankruptcy filing. 15 That commencing in June 2009 the Debtor deposited his semi-monthly payroll checks into his wife s Chase ****806 account. A summary of these deposits is set forth below: Statement for June 2009 $ 1, Statement for July 2009 $ $ 1, $ 1, Statement for August 2009 $ $ 1, Statement for September 2009 $ 1, $ Statement for October 2009 $ $ 1, $ 1, $20, That the transfers made referenced in paragraph 15 above were essentially gifts that were made by the Debtor to the Defendant. As gifts, these transfers are fraudulent transfers as defined by 11 U.S.C. 548 in that they were made within 2 years of this bankruptcy filing, were made while the Debtor was insolvent and were made without the return of adequate consideration.

4 Case AJM-7A Doc 23 Filed 02/22/10 EOD 02/22/10 14:40:51 Pg 4 of 6 17 That the transfers that were made by the Debtor to his wife immediately prior to his bankruptcy filing should be avoided pursuant to 11 U.S.C. 548 and returned to the Plaintiff for his administration pursuant to 11 U.S.C WHEREFORE, Thomas A. Krudy, the Plaintiff herein, seeks a judgment against the Defendant Darci F. Hemmer in the amount of $29, pursuant to 11 U.S.C. 548, 550. COUNT II COMPLAINT FOR THE REVOCATION OF DISCHARGE Comes now Thomas A. Krudy, by counsel, Paul D. Gresk and in support of Count II of this Complaint makes the following showing: 18 That by reference the Plaintiff incorporates each and every material allegation contained within Count I of this Complaint. 19 That as a debtor the Defendant Gregory A. Hemmer has a statutory duty to provide the Plaintiff a full and complete disclosure of his financial affairs including all deposits, gifts and transfers that were made by him prior to this bankruptcy filing. 20 That the Defendant Gregory A. Hemmer attempted to deceive the Plaintiff during the review of his financial affairs by committing the following acts of malfeasance or misfeasance: a Submitted bank statements to the Plaintiff showing essentially no funds on deposit on the date of his bankruptcy filing. b Asserted in Schedule B item 2 of his bankruptcy petition that he had funds on deposit at National Bank of Indianapolis of $ c Failed to disclose any of the transfers that are set forth in Count I of this complaint. 21 That pursuant to 11 U.S.C. 727(d the Plaintiff seeks the issuance of a judgment against the Defendant Gregory A. Hemmer that provides for the revocation of

5 Case AJM-7A Doc 23 Filed 02/22/10 EOD 02/22/10 14:40:51 Pg 5 of 6 his discharge, reasonable attorney fees incurred by the Plaintiff s counsel including those fees that were incurred in the investigation of the debtor s financial affairs and costs of this action. WHEREFORE, Thomas A. Krudy, Plaintiff herein, seeks the issuance of a judgment against the Defendant Gregory A. Hemmer 727(d the Plaintiff seeks the issuance of a judgment against the Defendant Gregory A. Hemmer that provides for the revocation of his discharge, reasonable attorney fees incurred by the Plaintiff s counsel including those fees that were incurred in the investigation of the debtor s financial affairs and costs of this action. COUNT III COMPLAINT FOR DAMAGES Comes now Thomas A. Krudy, by counsel, Paul D. Gresk, and in support of Count III of this complaint makes the following showing: 22 That by reference the Plaintiff incorporates each and every allegation of Count I and Count II of this Complaint. 23 That the defendants, each and together, conspired to deceive the Plaintiff as to the financial affairs of the Debtor for the purpose of defrauding this estate s creditors of assets of this estate. 24 That the Plaintiff seeks the issuance of a judgment, jointly and severally, against each of the defendants for the recovery of damages of the fraudulent transfers as set forth in Count I of $29, This amount provides for the recovery of the $8, gift made by the debtor to his wife as set forth in paragraph 13 of this

6 Case AJM-7A Doc 23 Filed 02/22/10 EOD 02/22/10 14:40:51 Pg 6 of 6 Complaint and for $20,506.83, the transfers that were made by the debtor to his wife as described in paragraph 15 of this Complaint. 25 That the Plaintiff seeks a judgment against the defendants, joint and severally, for the recovery of all attorney fees that have been incurred by the Plaintiff for the investigation into the financial affairs of the debtor and specifically, for the uncovering of the scheme as set forth in this Complaint. WHEREFORE, Thomas A. Krudy, the Plaintiff herein, seeks the issuance of a judgment against the defendants, jointly and severally, for the recovery of damages in the total amount of $20,506.83, for reasonable attorney fees and costs of this action. Respectfully submitted, /s/ Paul D. Gresk Paul D. Gresk, Counsel for Chapter 7 trustee Gresk & Singleton, LLP 150 E. 10 th St. Indianapolis, IN Phone: ( Fax: ( bankruptcy@gslawindy.com