IN RE SCHRADER

KATHY SURRATT-STATES, Bankruptcy Judge

The matter before the Court is Trustee's Complaint for Turnover of Property and to Revoke Discharge ("Complaint") and Debtor's Answer to Complaint ("Answer"). Pursuant to the Order of Court Relating to Trial, the matter was set for trial on September 12, 2006. The parties filed a Joint Stipulation of Fact and Trustee filed a Trial Brief for Complaint for Turnover of Property and to Revoke Discharge. The parties appeared at the trial setting and stated that the matter was being submitted to the Court on the pleadings. Upon consideration of the record as a whole, the Court makes the following FINDINGS OF FACT:

Karen Schrader ("Debtor") filed for relief under Chapter 7 of the Bankruptcy Code on January 30, 2002. Trustee Robert J. Blackwell is the duly appointed and acting Chapter 7 Trustee ("Trustee"). Trustee made the following allegations in his Complaint: on January 14, 2003, this Court entered a Judgment and Order approving a settlement between Trustee and Debtor to compromise the Estate's interest in Debtor's 2002 federal and state tax returns and bank accounts for the sum of $3,200.00, of which Debtor has paid $2,330.00, with the last payment being received on June 10, 2005. On June 22, 2006, this Court entered an Order directing Debtor to turnover the remaining $870.00 due to Trustee within twenty (20) days on entry of that Order.

Debtor's Answer states that Counsel for Debtor has been unsuccessful in his attempts to contact Debtor and that Debtor has paid a substantial amount of the monies due to Trustee. Debtor therefore requests that the Court consider this a hardship case and deny the requests of Trustee. However, Debtor's Answer fails to respond to the specific allegations contained in Trustee's Complaint. The Court issues its decision below after consideration of the record as a whole.

The Court has jurisdiction of this matter pursuant to 28 U.S.C. §§ 151, 157, and 1334 (2002), and Local Rule 81-9.01(B) of the United States District Court for the Eastern District of Missouri. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(E) (2002). Venue is proper under 28 U.S.C. § 1409(a) (2002).

"Averments in a pleading to which a responsive pleading is required, other than those to the amount of damage, are admitted when not denied in the responsive pleading . . ." FED. R. BANKR. P. 7008(d) (2002).

Here, there is no dispute as to the facts since each allegation in Trustee's Complaint is deemed admitted as not having been denied by Debtor. Trustee seeks a judgment in the amount of the $870.00 together with costs, interest and attorney's fees. However, Trustee provided no evidence of his costs, rate of interest sought or amount of attorneys fees requested, so these requests are denied. Trustee is therefore entitled to a judgment in the amount of $870.00, which equals the remaining balance due to the Estate under the compromise reached between Trustee and Debtor.

Trustee also seeks to revoke Debtor's discharge for failure to turnover the remaining amount due to the Estate and Debtor's failure to comply with this Court's Orders dated January 14, 2003 and June 22, 2006.

"On the request of the trustee . . . and after notice and a hearing, the court shall revoke a discharge . . . if (2) the debtor acquired property that is property of the estate . . . and knowingly and fraudulently failed to report the acquisition of or entitlement to such property, or to deliver or surrender such property to the trustee; or (3) the debtor committed an act specified in subsection (a)(6) . . ." 11 U.S.C. §§ 727(d)(2), (d)(3) (2002).

"The court shall grant the debtor a discharge, unless the debtor has refused . . . to obey any lawful order of the court . . ." 11 U.S.C. § 727(a)(6)(A) (2002). When a trustee properly establishes that the debtor willfully and intentionally refused to obey a court order, a denial of discharge is warranted. See D'Agnese v. Cotsibas (In re Cotsibas), 262 B.R. 182, 186-87 (Bankr. D. N.H. 2001).

Here, Debtor knowingly and fraudulently failed to surrender the funds to Trustee in violation of Section 727(d)(2). Furthermore, Debtor willfully and intentionally failed to comply with an order issued by this Court to turnover said funds to Trustee in violation of Section 727(a)(6)(A). Therefore, Debtor's discharge is revoked under Sections 727(d)(2) and (d)(3).

By separate order, judgment will be entered in favor of Trustee and Debtor's discharge will be revoked.