BANKRUPTCY CODE: SECTION 727(A)(3): WHEN IS A DEBTOR'S RECORD KEEPING SUFFICIENT TO MERIT A BANKRUPTCY DISCHARGE?

[...]given the absence of the precise standards, the reviewing courts are often bound by the factual findings of the bankruptcy judge since a "clearly erroneous" standard applies to overturning any such factual findings. [...]the bankruptcy judges are left a large playing field in which th...

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Bibliographic Details
Published in:Southern journal of business and ethics 2011-01, Vol.3, p.153
Main Authors: Mawer, William T, Emerson, Andrew F, Love, John
Format: Article
Language:English
Subjects:
Accuracy
Bankruptcy
Bankruptcy laws
Credit cards
Documentation
Expenditures
Federal court decisions
Federal courts
Gambling
Testimony
Online Access:Get full text
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Summary:[...]given the absence of the precise standards, the reviewing courts are often bound by the factual findings of the bankruptcy judge since a "clearly erroneous" standard applies to overturning any such factual findings. [...]the bankruptcy judges are left a large playing field in which their decisions are shaped on the supposed credibility of witnesses and the judge's own predilection as to what financial records a debtor should be required to produce.
ISSN:1944-5474