Union Bank v. Robert A. Hoskins

Good Law
422 F.2d 1311·1970 U.S. App. LEXIS 10356
United States Court of Appeals for the Ninth CircuitMarch 11, 197022944California312 words

Opinion

Opinion

Union Bank, an objecting creditor in this bankruptcy proceeding, appeals from a district court order affirming an order of the referee granting a discharge to the bankrupt, Robert A. Hoskins. The bank’s primary points on appeal are that a discharge should have been denied because: (1) Hoskins, without justification, failed to keep or preserve books of account or records, as required by section 14(c) (2) of the Bankruptcy Act (Act) 11 U.S.C. § 32 (c) (2), and (2) he failed to explain satisfactorily his disposition, in 1962, 1963 and 1964, of $13,-000 in cashier’s checks with resulting deficiency of his assets, as required by section 14(e) (7) of the Act, 11 U.S.C. § 32 (c) (7).

After considering the testimony and exhibits, the referee ruled that Hoskins’ books and records were sufficient to ascertain his financial condition and the extent and nature of his business transactions. The referee found some deficiencies in the books and records with regard to personal transactions which were five or six years old. However, the referee expressed the view that Hoskins maintained his records “as to those personal affairs as well as could be expected from any normal person.”

The district…

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