First Natl Bank of Cent. Ala. v. Moore (In re Moore)
Jan
30
2009
Ruling
Court refused to deny discharge for failure to maintain records where creditor failed to show it was warranted.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor alleging, inter alia, that denial of the debtor's discharge was warranted under 11 U.S.C.S. § 727(a)(3), (5) based on the debtor's failure to maintain or produce financial records and the debtor's failure to explain losses of assets. The creditor moved for partial summary judgment.
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Court
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