Burchett

Burchett v. Myers

Good Law
202 F.2d 920·1953 U.S. App. LEXIS 3764
United States Court of Appeals for the Ninth CircuitMarch 11, 195313208California3,590 words

Opinion

Opinion

Bone, J.

Appellant Burchett filed a voluntary petition in bankruptcy and was adjudicated a bankrupt on December 12, 1949. The referee in bankruptcy subsequently sustained objections to- his discharge which had been filed by the trustee in bankruptcy, G. E. Myers, and a creditor, Jerry Zolezzi, and entered an order denying discharge. On petition for review the District Judge affirmed the order and Burchett has appealed.

The District Judge rejected as clearly erroneous all findings of the referee except those sustaining trustee’s objection No. 1 and Zolezzi’s objection No. 1. We therefore need not concern ourselves with certain other objections made by Zolezzi and sustained by the referee. The two objections which are here in issue were grounded upon allegation that the bankrupt failed to keep or preserve adequate books of account or records from which his financial condition and business transactions could be ascertained.

Appellant contends that the referee erred in allowing amendments to the specifications of objection of the trustee and Zolezzi after the last day fixed for the filing of objections, which was June 12, 1950. It appears that when the trustee filed his specification of…

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