Yeaton v. Weisenburg

457 F.2d 803 In the Matter of Robert K. YEATON, Yeaton Consulting Service, Bankrupt. Robert K. YEATON, Bankrupt-Appellant, v. L. E. WEISENBURG, Jr., Creditor-Appellee. No. 25914. United States Court of Appeals, Ninth Circuit. March 20, 1972. Rehearing Denied April 14, 1972. Edward Marsh Fox (argued), San Carlos, Cal., Robert K. Yeaton, in pro. per., for appellant. Fred G. Meis (argued), of Meis, Hill & Sager, San Francisco, Cal., for appellee. Before ELY, CARTER and CHOY, Circuit Judges. PER CURIAM: 1 In this California bankruptcy case, Robert K. Yeaton appeals a District Court order affirming the Referee in Bankruptcy's denial of a discharge. Yeaton had been engaged in the business of subdividing and selling real estate when he filed a voluntary petition in bankruptcy. L. E. Weisenburg, Jr., alleging that Yeaton had borrowed $20,000 from him, objected to the discharge. Yeaton produced no records of the alleged loan. 2 The referee denied Yeaton's discharge because (1) Yeaton had failed to keep or preserve adequate books or records from which his financial situation could be determined, and (2) Yeaton deliberately concealed his ownership of certain assets. The District Court…