Hoffman v. Onagbesan et al

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
ABAYOMI ONAGBESAN, No. 05-12295
Debtor(s).
______________________________________/
TIMOTHY W. HOFFMAN, Trustee,
Plaintiff(s),
v. A.P. No. 05-1136
LISA C. BLAZEI,
Defendant(s).
_______________________________________/
Memorandum After Trial
_________________
At his 341 hearing, Chapter 7 debtor Abayomi Onagbesan told the trustee, plaintiff Timothy
Hoffman, under oath, that he had been married four about four years and that a home he had shared with
his wife, defendant Lisa Blazei, had been purchased before they were married with her separate funds
from an inheritance. These statements were false. The true facts were that he had been married for
about nine years, his wife had no inheritance, and that the property had been purchased during the
marriage. In fact, title had been taken by the debtor and his wife as community property.
Entered on Docket
November 22, 2006
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 05-01136 Doc# 25 Filed: 11/22/06 Entered: 11/22/06 11:33:55 Page 1 of 3

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In 2003, the Onagbesan and his wife sold the “inheritance” house and purchased a new home in
Novato, California. Title to this home was taken in Blazei’s name alone, because a judgment had been
entered against Onagbesan. He filed his Chapter 7 petition on September 1, 2005, scheduling no interest
in real property. Two months later, Balzei transferred title to Onas International, Inc., a shell
corporation controlled by Onagbesan.
Blazei has entered into a stipulation with Hoffman whereby the property has been recovered for
the benefit of the bankruptcy estate. The only remaining issue in this adversary proceeding is whether
Onagbesan should receive his discharge.
Onagbesan has come forward with innocent explanations as to why his testimony to the trustee
was in error. These innocent explanations might be true. However, the court finds it much more likely
that the testimony was knowingly and intentionally false, given with the intent to convince the trustee that
Onagbesan had no interest in the Novato residence or the proceeds of the sale of the prior residence.
Numerous factors lead the court to its conclusion. Onagbesan, although apparently foreign-born,
appears intelligent, educated, articulate, fluent in English, and well-versed in property law. The
questions the trustee asked were unambiguous, and the answers Onagbesan gave were precise. The false
answers went to the heart of the sole asset of value in the case. Aside from excuses for his false
statements, Onagbesan chose to defend this case by attacking the validity of the lawsuit against him even
though judgment had been entered against him, indicating to the court that he felt justified in manipulating
the facts of his case because he believed the judgment against him was unjust. Moreover, his use of the
shell corporation evinces misplaced cleverness, not honesty.
The court concludes that Onagbesan knowingly and fraudulently gave the trustee false testimony
under oath in connection with this case and with the intent to deceive the trustee into thinking the estate
had no claims against the Novato real property. His discharge will accordingly be denied pursuant to §
727(a)(4) of the Bankruptcy Code. Hoffman shall recover his costs of suit.
This memorandum constitutes the court’s findings and conclusions pursuant to FRCP 52(a) and
FRBP 7052. Counsel for Hoffman shall submit an appropriate form of judgment forthwith.
Case: 05-01136 Doc# 25 Filed: 11/22/06 Entered: 11/22/06 11:33:55 Page 2 of 3

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Dated: November 22, 2006
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Case: 05-01136 Doc# 25 Filed: 11/22/06 Entered: 11/22/06 11:33:55 Page 3 of 3