Robert Shuman, et al v. Kenneth Ruford Allen

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
APRIL 20, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 10-11991
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D.C. Docket No. 3:09-cv-00036-DHB-WLB
Bkcy No. 03-30161-BKC-SDB
IN RE:
KENNETH RUFORD ALLAN,
lllllllllllllllllllllDebtor.
__________________________________________________________________
ROBERT SHUMAN, Dr.,
ALLAN & HARPER CUSTOM HOMES, LLC,
lllllllllllllllllllll Plaintiffs - Appellants,
versus
KENNETH RUFORD ALLAN,
lllllllllllllllllllll Defendant - Appellee.
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Appeal from the United States District Court
for the Southern District of Georgia
________________________
(April 20, 2011)

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Before WILSON and PRYOR, Circuit Judges, and BUCKLEW, District Judge.*
PER CURIAM:
This case involves a dispute between a Chapter 13 bankruptcy debtor and
his creditors about the failure to disclose certain assets and transactions, post-
confirmation. During the pendency of his bankruptcy, Kenneth Ruford Allan
engaged in various financial transactions and became the beneficiary of an
irrevocable spendthrift trust, which he failed to disclose to the bankruptcy court.
Two of Allan’s unsecured creditors present two issues on appeal, namely (1)
whether the bankruptcy court erred in denying the creditors’ motion to modify
Allan’s bankruptcy plan, and (2) whether the bankruptcy court abused its
discretion in denying the creditors’ motion to dismiss on the grounds that Allan
did not act in bad faith in failing to disclose the post-confirmation transactions and
Trust.
After oral argument and careful consideration, we conclude that the
bankruptcy court did not err in denying the creditors’ motion to modify Allan’s
bankruptcy plan and did not abuse its discretion in denying the creditors’ motion
to dismiss Allan’s bankruptcy petition. Accordingly, we affirm.
Honorable Susan C. Bucklew, United States District Judge for the Middle District of*
Florida, sitting by designation.
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AFFIRMED.
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