Kane

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CENTENNIAL BANK, Case No. 23-cv-02944-WHO

Appellant,

ORDER ON BANKRUPTCY APPEAL

v. 9 Re: Dkt. No. 1 EVANDER FRANK KANE, Appellee.

Centennial Bank (“Centennial”) appeals the final order and judgment of the United States Bankruptcy Court for the Northern District of California, the Hon. Stephen L. Johnson, presiding, which denied Centennial’s objection to appellee and debtor Evander Kane’s discharge under 11 U.S.C. §§ 727(a)(3) and (a)(5). Centennial asserts four separate grounds for overturning the bankruptcy court. None prevails because the bankruptcy court committed no clear error when it determined that: (1) Kane’s explanation for loss of cash assets was adequate; (2) his failure to maintain financial records did not make it impossible to ascertain his financial condition; (3) his failure to maintain financial records was justified; and (4) the proper “look-back” period, considering the facts at issue, ran from the time of Centennial’s first loan to Kane. The …