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existed as to whether debtor failed to keep or preserve records of his financial condition so as to prevent, under S 727(a)(3), discharge. The bankruptcy court's decision granting summary judgment was based on its finding that debtor was sophisticated, should have maintained better records and should have produced the records in a more timely manner.)
In re Cacioli, 463 F.3d 229 (2d Cir. Sept. 6, 2006) (Debtor's failure to maintain business records was justified due to his limited education and reasonable reliance on his business partner for record-keeping and was thus not grounds for denial of discharge pursuant to S 727(a)(3).)
Watman v. Groman (In re Watman), 458 F.3d 26 (1st Cir. Aug. 21, 2006) (Bankruptcy court did not err in denying discharge under S 727(a)(2)(A), when, immediately pre-petition, debtor stopped operating his dental practice and opened a new dental practice in the same location with the same patients, employees, furniture, equipment and supplies.)
In re Chauncey, 454 F.3d 1292 (11th Cir. July 7, 2006) (Eleventh Circuit upheld denial of discharge to debtor pursuant to S 727(a)(2)(A) and S 727(a)(3), where debtor could not account for her missing financial records and funneled personal injury settlement proceeds into her Florida home to shield them from and defraud her creditors.)
Krys v. Official Committee of Unsecured Creditors of Refco, Inc. (In re Refco, Inc.), 505 F.3d 109 (2d Cir. Oct. 5, 2007) (Defendant's investors did not have standing in preference action as a party in interest under S 1109(b) to object to settlement of the preference action. An internal dispute between a creditor and that creditor's investors does not belong in bankruptcy court, and the bankruptcy court does not have the obligation to ensure that a creditor's representatives are honoring their fiduciary duties.)
74. 1112(b)(2) Chapter 11 Dismissal
Maryland Port Admin. v. Premier Auto. Servs., Inc. (In re Premier Auto. Servs., Inc.), 492 F.3d 274 (4th Cir. June 15, 2007) (Bankruptcy court properly dismissed as a bad faith filing a Chapter 11 petition filed by a solvent entity for the purpose of forestalling eviction on an obviously expired lease of real property. The expired lease was not property of the estate under S 541(b)(2) and was expressly excluded from the protections of the automatic stay under S 362(b)(10).)
In re Capitol Food Corp. of Fields Corner, 490 F.3d. 21 (1st Cir. June 6,
