* Pursuant to 5th C IR

. R. 47.5, the Court has determined that this

opinion should not be published and is not precedent except under

the limited circumstances set forth in 5th C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit



## FILED

October 1, 2004

Charles R. Fulbruge III

Clerk UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 03-11060

In The Matter of: JOE P. LOPEZ

Debtor.

- - - - - - - - - - - - - - - -

JOE P. LOPEZ,

Appellant,

VERSUS

VEHICLE REMOVAL CORPORATION,

Appellee.

Appeal from the United States District Court

for the Northern District of Texas

(02-CV-1610)

Before DeMOSS, STEWART, and PRADO Circuit Judges.

PER CURIAM: *

Appellant Joe Lopez, an attorney, operates a law practice that

focuses almost entirely on contingent fee cases arising out of

improperly towed vehicles, in addition to some cases in which he

files Chapter 13 bankruptcies for his debtor-clients. On November2

7, 2000, Lopez filed his own petition for Chapter 7 bankruptcy

after Appellee Vehicle Removal Corporation (“VRC”) obtained a prebankruptcy judgment against him. When Lopez filed his bankruptcy

petition, he reported on his bankruptcy schedules that he had no

accounts receivable. In addition, Lopez listed a zero on his

bankruptcy schedules for the estimated amount of any contingent or

unliquidated claims or rights to which he was entitled. There was

evidence, however, indicating that Lopez subsequently collected

fees on both the contingent fee and Chapter 13 pre-petition cases.

At a creditors’ meeting in May 2001, Lopez was asked by VRC’s

counsel whether Lopez reported all of his assets and liabilities on

his b ankruptcy schedules. Lopez responded that he had fully

disclosed all such information and added that he had no accounts

receivable. After the creditors’ meeting, VRC approached Lopez and

informed him that any contingent fee cases that he might have

outstanding were reportable on his bankruptcy schedules as assets.

Shortly thereafter, on June 11, 2001, Lopez amended his bankruptcy

petition, adding a partial list of the contingent fee cases that

had been started pre-petition. On June 29, 2001, Lopez submitted

to VRC another list of his pre-petition contingent fee cases that

included additional cases not reported in his June 11, 2001

amendment. Lopez did not, however, submit the June 29, 2001, list

to the bankruptcy trustee.

On August 2, 2001, VRC and the bankruptcy trustee filed a

discharge complaint a gainst Lopez, objecting to his discharge.3

Specifically, VRC and the trustee alleged Lopez violated 11 U.S.C.

§ 727(a)(4)(D), which precludes discharge if the “debtor knowingly

and fraudulently . . . withheld from an officer of the estate

entitled to possession under this title, any recorded information,

including books, documents, records, an d papers, relating to the

debtor’s property or financial affairs.” The bankruptcy court

found Lopez violated § 727(a)(4)(D) by failing to list settlements

and payments on contingency fee cases after he became aware that

the money received was part of the bankruptcy estate. Pursuant to

this finding, the bankruptcy court denied Lopez a discharge. Lopez

appealed the bankruptcy court’s order. The district court affirmed

the bankruptcy court, and Lopez timely filed the instant appeal.

Having carefully reviewed the entire record of this case, and

having fully considered the parties’ respective briefing and

arguments, we find no reversible error in the district court’s

memorandu m opinion and order. We therefore AFFIRM the final

judgment of the district court for the reasons stated in its order.

AFFIRMED.