(2008) In re Marc G. BEAUDOIN, Debtor.
Cadlerock Joint Venture II, L.P. and John J. O'Neil, Trustee, Plaintiffs,
v.
Marc G. Beaudoin and Loretta I. Beaudoin, Defendants. Civil Action No. 3:08CV338 (MRK). United States District Court, D. Connecticut.
May 29, 2008.
RULING AND ORDER MARK R. KRAVITZ, District Judge.
Pending before the Court is the second appeal by CadleRock Joint Venture II, L.P. ("CadleRock") from the Bankruptcy Court's (Krechevsky, J.) decision granting judgment to Marc and Loretta Beaudoin on CadleRock's five-count complaint and granting Marc Beaudoin a discharge from bankruptcy pursuant to Bankruptcy Code § 727. See CadleRock v. Beaudoin (In re Beaudoin), No. 03-2018 (Bankr.D.Conn. Feb. 4, 2008) ("Beaudoin II"). Upon review of Judge Krechevsky's comprehensive decision, and the arguments of CadleRock and Mr. and Ms. Beaudoin, the Court affirms the judgment of the Bankruptcy Court.
I. The facts of this case and issues presented are recited in the previous decisions in this case, and they will not be repeated here. See Cadlerock v. Beaudoin (In re Beaudoin), 380 B.R. 121 (D.Conn.2007) ("Remand Decision"); CadleRock v. Beaudoin (In re Beaudoin), No. 02-22859, 2007 WL 1020787 (Bankr. D.Conn. Mar. 30, 2007) ("Beaudoin I"); Beaudoin II. Suffice it to say that following the filing of a Chapter 7 bankruptcy petition by Mr. Beaudoin, CadleRock (and John J. O'Neil, Jr., in his capacity as Chapter 7 Trustee), filed a five-count complaint against Mr. and Ms. Beaudoin, seeking to prevent Mr. Beaudoin from obtaining bankruptcy discharge pursuant to Bankruptcy Code §§ 727(a)(2)(A), 727(a)(2)(B), and 727(a)(4)(A), and requesting a finding of unjust enrichment against Ms. Beaudoin and imposition of a constructive trust regarding the "Corbin Avenue property." In his first decision - Beaudoin I - Judge Krechevsky rendered judgment in favor of Mr. and Ms. Beaudoin on all of CadleRock's claims. In doing so, he found that Mr. Beaudoin did not retain a beneficial interest in the Corbin Avenue property as required for a denial of discharge under §§ 727(a)(2)(A), 727(a)(2)(B), and 727(a)(4)(A) of the Bankruptcy Code. Judge Krechevsky further found that Ms. Beaudoin was not unjustly enriched by the disputed transfer of the Corbin Avenue property to her because she had provided adequate consideration, and consequently, he refused to impose a constructive trust on that property. On appeal, this Court vacated Judge Krechevsky's decision and remanded the case for clarification of certain statements made by Judge Krechevsky in his first decision and for additional findings of fact on several issues. On February 4, 2008, the Bankruptcy Court issued its second decision, Beaudoin II, providing the requested clarifications and additional findings. This appeal followed.
II. This Court described its standard of review in its Remand Decision. A district court "reviews the bankruptcy court's conclusions of law de novo and its findings of fact under a clearly erroneous standard." D.A.N. Joint Venture v. Cacioli (In re Cacioli), 332 B.R. 514, 517 (D.Conn.2005) (citations omitted). "`A finding is "clearly erroneous" when although there is evidence to support it, the reviewing court on the entire evidence is