Baker v. Reed (In Re Reed)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• pre-petition use by debtor of proceeds from sale of property in the amount of 54,368.67 established loss of asset that could have been used to pay creditors
• § 727(a)(5) “simply imposes strict liability” where the plaintiff meets his burden and the debtor does not provide an adequate explanation
• § 727(a)(5) “simply imposes strict liability” where the plaintiff meets his burden and the debtor does not provide an adequate explanation
• the information provided must be sufficient for the trustee or a creditor to properly investigate the circumstances surrounding the loss or deficiency
• (“[U]nsubstantiated explanations will not suffice for purposes of § 727(a)(5); corroborating evidence, whether documentary or testimonial, must be offered.”); PNC Bank v. Buzzelli (In re Buzzelli), 246 B.R. 75, 116 (Bankr. W.D. Pa. 2000
• once the plaintiff has established the existence of a “loss or the deficiency of a pre-petition asset that could have been used to pay creditors .... the burden then shifts to the debtor to come forward with evidence that will satisfactorily explain the loss of the asset.”

Source: CourtListener parenthetical corpus (CC0).