In Re Caneva

Roberta J. Sunkin, Allan D. NewDelman, P.C., Phoenix, AZ, for the defendant-appellant.

Edwin B. Stanley, Simbro & Stanley, Scottsdale, AZ, for the plaintiff-appellee.

Before: ALFRED T. GOODWIN, ROBERT R. BEEZER, and JAY S. BYBEE, Circuit Judges.

The opinion filed November 5, 2008, appearing at slip op. 15129, 547 F.3d 1082 , is amended as follows:

At slip op. 15132, 547 F.3d at 1082 , line 2, change "plaintiff-appellant" to "defendant-appellant."

At slip op. 15132, 547 F.3d 1082 , line 4, change "defendant-appellee" to "plaintiff-appellee."

At slip op. 15133, 547 F.3d at 1085 , first full paragraph, 3rd line, after "§ 158(d).", add footnote 1:

PER CURIAM.

Marc Scott Caneva (Caneva) appeals the district court's order affirming the bankruptcy court's grant of summary judgment in favor of Sun Communities Operating Limited Partnership (Sun). The bankruptcy judgment denied Caneva discharge pursuant to 11 U.S.C. § 727 (a)(3) because it was undisputed that Caneva had failed to keep or preserve records with respect to certain business entities that he owned or controlled and with respect to a payment of $500,000 to one Anita Bowden. Caneva assigns error to both judgments,…