IN RE: JOHN ANTHONY NAGEL, JUDITH LENORE NAGEL, Chapter 7, Debtors EDWARD J. NAZAR, Trustee, Plaintiff, v. JOHN ANTHONY NAGEL, JUDITH LENORE NAGEL, Defendants

Case No. 01-14827, Adversary No. 02-5148United States Bankruptcy Court, D. Kansas.
September 19, 2003

JUDGMENT ON DECISION
ROBERT E. NUGENT, Bankruptcy Judge

The trustee Edward J. Nazar seeks an order from the court revoking the discharge of debtors John and Judith Nagel pursuant to 11 U.S.C. § 727(d)(2) for failing to disclose and turnover Judith Nagel’s bequest under her mother’s will. The trustee has moved for summary judgment on his revocation complaint.

As set forth in the Memorandum Opinion issued this date, the Court finds that there are no genuine issues of material fact, and that in reviewing the facts in a light most favorable to defendants the trustee is entitled to judgment as a matter of law on his revocation complaint.

It is therefore ORDERED, ADJUDGED, AND DECREED that the discharge of John and Judith Nagel is revoked pursuant to 11 U.S.C. § 727(d)(2) for knowingly and fraudulently failing to

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disclose Judith Nagel’s bequest under her mother’s will and failing to surrender the bequest or the proceeds thereof to the trustee.

IT IS SO ORDERED.