· 10/10/2002
Floret, L.L.C. v. Sendecky (In Re Sendecky)
Citations
- 283 B.R. 760
- 2002 Bankr. LEXIS 1129
- 40 Bankr. Ct. Dec. (CRR) 74
- 2002 WL 31259944
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the debt- or was justified in not maintaining records for his small business because he was poorly educated, unsophisticated and had little business experience
- upholding bankruptcy court’s finding that evidence of debtor’s fraudulent intent was overcome by evidence that he had relied on the advice of an attorney, and that the advice was not unreasonable or uninformed
- no clear error as to bankruptcy court's finding that debtor’s lack of education, sophistication, and business experience explained his inadequate business records
- “If a party demonstrates a deficiency of assets, the burden shifts to the debtor to explain the loss.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Roger, Schermer, Federman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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