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· 8/10/2004

In Re Frank Schifano, Debtor. Alfred Razzaboni and Henry Razzaboni v. Frank Schifano

Citations

  • 378 F.3d 60
  • 2004 U.S. App. LEXIS 16424
  • 2004 WL 1775102

How courts have described this case

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

  • concluding that records preserved must reasonably allow court and parties to ascertain accurate picture of debtor’s financial affairs
  • concluding that records preserved must reasonably allow court and parties to ascertain accurate picture of debtor’s financial affairs
  • summary judgment for debtor reversed because there was a material question of fact whether debtor’s failure to maintain bank records made it impossible to ascertain financial transactions
  • “The non-moving party must show more than conclusory allegations, improbable inferences or unsupported speculation to establish genuine issues of material fact. Competent evidence is required.”
  • “The non-moving party must show more than conclusory allegations, improbable inferences or unsupported speculation to establish genuine issues of material fact. Competent evidence is required.”
  • “Under § 727(a)(3), a creditor need not prove a fraudulent intent, but only that the debtor unreasonably failed to maintain sufficient records to adequately ascertain his financial situation.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lynch, Lipez, Rosenn

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.