· 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 CourtListenerSourced 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.