Memorandum of Decision Re: Summary Denial of Discharge
Debtor(s). ______________________________________/ JEFFRY LOCKE,
Trustee, Plaintiff(s), v. A.P. No. 02-1132 NEIL SCHAFER,
Defendant(s). _______________________________________/
Memorandum on Motion for Summary Judgment  In this adversary
proceeding, Chapter 7 trustee and plaintiff Jeffry Locke seeks
denial of debtor Neil Schafer’s discharge. While such cases are
usually not subject to summary adjudication, the motion is based
on Schafer’s own admissions during examination. In such cases,
summary judgment denying a discharge is sometimes appropriate.
In re Kontrick, 295 F.3d 724, 737 (7th Cir. 2002). Where, as
here, the trial would be a bench trial without a jury, the court
may summarily draw some inferences and conclusions from
undisputed evidence. Schwarzer, The Analysis and Decisions of
Summary Judgment Motions (Federal Judicial Center 1991), p. 39.
The basis for the objection to discharge is Schafer’s
prepetition conduct after a creditor, Transameric