- 11 U.S.C.
Wolff v. Munni (In re Munni)
May
18
2011
Ruling
Discharge denied due to failure to maintain adequate records of purchase or refinance of automobile.
Procedural posture
A trustee in bankruptcy sought an order denying a debtor's discharge.
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- 11 U.S.C.
800 Springer Drive LLC v. Shields (In re Shields)
Feb
08
2011
Ruling
Debtor's failure to document gambling losses and funds received from former spouse justified denial of discharge.
Procedural posture
Plaintiff judgment creditor filed a motion for summary judgment on Count I of its complaint against defendant Chapter 7 debtor, which alleged that the debtor's discharge should be denied under 11 U.S.C.S. § 727(a)(3). The debtor failed to respond to the motion.
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- 11 U.S.C.
Peters v. Michael (In re Michael)
Jul
23
2010
Ruling
Discharge denied due to debtor's failure to keep records.
Procedural posture
Creditor, a business associate who loaned $63,777 to defendant debtor, filed a complaint objecting to his discharge pursuant to 11 U.S.C.S. § 727(a)(3) for failure to keep adequate records, and to determine the dischargeability of the loan debt under 11 U.S.C.S. § 523. The debtor admitted having been active in multiple high income businesses and to having destroyed all his records and not to have kept any for the last several years.
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- 11 U.S.C.
Settembre v. Fiduciary & Guar. Life Ins. Co.
Jan
07
2009
Ruling
District court remand to bankruptcy court for further proceedings was not an appealable final order.
Procedural posture
Appellant insurers were granted summary judgment against appellee debtor. The district court for the Western District of Kentucky reversed and remanded for trial on the insurers'complaint, which was filed under 11 U.S.C.S. § 727(a)(3). The insurers appealed. At issue was whether the remand order was a final one over which the federal court of appeals had jurisdiction pursuant to 28 U.S.C.S. § 158(d)(1).
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Caneva
Nov
05
2008
Ruling
Discharge properly denied as debtor's provision of boxes of unidentified documents did not satisfy requirement to keep proper records.
Procedural posture
Debtor sought review of an order of the district court for the District of Arizona, that affirmed a bankruptcy court order that granted summary judgment in favor of appellee creditor and denied the debtor a discharge pursuant to 11 U.S.C.S. § 727(a)(3). It was undisputed that the debtor failed to keep or preserve records with respect to certain business entities and concerning a certain $ 500,000 transaction.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Rosens Inc. v. Ghere (In re Ghere)
Aug
29
2008
Ruling
Discharge denied due to financially sophisticated debtor's failure to keep adequate records.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 7 debtor, seeking to deny the debtor a discharge with respect to the amount owed to the creditor pursuant to 11 U.S.C.S. § 523(a)(2)(B) and seeking to deny the debtor a discharge pursuant to 11 U.S.C.S. § 727(a)(3) and /or § 727(a)(5).
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- 11 U.S.C.
Varco Pruden Bldgs. Inc. v. Strider (In re Kennington)
Aug
21
2008
Ruling
Discharge denied due to debtors'failure to provide records.
Procedural posture
Creditor objected to the discharge of a debt owed to it by chapter 7 debtors pursuant to 11 U.S.C.S. § 727(a)(3) and sought summary judgment.
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- 11 U.S.C.
K & K Co. v. Conde (In re Conde)
Apr
15
2008
Ruling
Discharge denied due to debtors' failure to keep adequate records.
Procedural posture
Plaintiff United States Trustee brought an adversary proceeding against defendant bankruptcy debtors, seeking denial of the debtors' discharge under 11 U.S.C.S. § 727(a)(3) based on the debtors' failure to produce adequate records and documents. The bankruptcy court conducted a trial.
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- 11 U.S.C.
Lassman v. Keefe (In re Keefe)
Dec
27
2007
Ruling
Discharge denied due to debtor's destruction of records from which financial condition and transactions could have been ascertained.
Procedural posture
Plaintiff chapter 7 trustee objected to the discharge of defendant debtor under 11 U.S.C. § 727(a)(3) on the basis that the debtor destroyed certain documents and records from which his financial condition or business transactions might have been ascertained.
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- 11 U.S.C.
CM Temp. Servs. v. Bailey (In re Bailey)
Sep
12
2007
Ruling
Discharge denied due to debtor's failure to keep records regarding business checking account also used for personal expenses.
Procedural posture
Plaintiff creditor filed a motion for summary judgment on its complaint against defendant chapter 7 debtor, which sought to have a scheduled, disputed debt found non- dischargeable pursuant to 11 U.S.C. § 523(a)(2) and (a)(4), and also sought to deny the debtor's discharge pursuant to 11 U.S.C. § 727(a)(3).
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