Attorney’s Discharge Denied Under Sec. 727 Due to Failure to Keep, Preserve Records

An attorney who is also a creditor of a Chapter 7 debtor/attorney is entitled to summary judgment because the evidence supports a denial of the debtor’s discharge under Bankruptcy Code Section 727(a)(3) because the debtor failed to keep or preserve records from which her financial condition or business transactions might be ascertained, the U.S. Bankruptcy Court for the Northern District of Alabama held Nov. 4 (Hood v. Bennitt (In re Bennitt)).

Judge Benjamin Cohen concluded that the plaintiff/attorney/creditor met her initial burden of proof of affirmatively showing that the debtor failed to keep and preserve any books ...