In Re Stephen A. Cacioli. D.A.N. Joint Venture v. Stephen A. Cacioli

How courts have described this case

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

• holding a debtor’s reliance on business partner was anappropriate justification where the partner was sophisticated and the debtor was not
• clarifying that the Sethi test is to be used for determining the adequacy of a debtor’s records not for judging the credibility of his or her justification
• “[T]he Debtor failed to maintain personal . . . and partnership records from which his financial condition and business transactions might be ascertained.”
• “As long as the debtor’s explanation is convincing and not rebutted, there is no need for documentary corroboration.”
• “One of the central purposes of the Bankruptcy Code and the privilege of discharge is to allow the ‘honest but unfortunate debtor’ to begin a new life free from debt.” (quoting Grogan v. Garner, 498 U.S. 279, 287 (1991))

Source: CourtListener parenthetical corpus (CC0).