Legal Opinion
In the Matter of Martin M. Decker and Kathleen H. Decker, Individually and Jointly, Bankrupts. Appeal of Martin M. Decker
Court of Appeals for the Third Circuit
Decided March 26, 1979No. 78-2007PublishedCited by 105 opinions
1Opinion of the Court
OPINION OF THE COURT
JAMES HUNTER, III, Circuit Judge:
Martin M. Decker, the bankrupt, appeals from the district court’s judgment denying him a discharge in bankruptcy under section 14c(2) of the Bankruptcy Act, 11 U.S.C. § 32(c)(2) (1976). The district court, in affirming the bankruptcy judge, determined that Decker failed to keep or preserve books of account or records from which his financial condition and material business transactions might be ascertained. Because we believe that the bankruptcy judge improperly imposed on the bankrupt, rather than the Trustee, the burden of proof with…
2Cases cited21 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Hanna v. PlumerSupreme Court of the United States · 1965
- Palmer v. HoffmanSupreme Court of the United States · 1943
- In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
- Fireman's Fund Insurance Co., in No. 75-2405 v. Videfreeze Corporation, and David E. Chinnery Development Corp., Inno. 75-2406Court of Appeals for the Third Circuit · 1976
16 more not listed; retrieve them via the Exa API.
3Cited by105 opinions
- Meridian Bank v. Eugene Alten, Marlene Alten, and Thomas J. Subranni, Trustee Eugene and Marlene AltenCourt of Appeals for the Third Circuit · 1992
- In Re Virginia M. Pelkowski A/K/A Virginia M. Dodd, Debtor, Ohio Student Loan Commission, the Loan Servicing Center, James K. McNamara Esq., TrusteeCourt of Appeals for the Third Circuit · 1993
- In Re Frank Schifano, Debtor. Alfred Razzaboni and Henry Razzaboni v. Frank SchifanoCourt of Appeals for the First Circuit · 2004
- SLW Capital, LLC v. Mansaray-RuffinCourt of Appeals for the Third Circuit · 2008
- Matter of EspositoUnited States Bankruptcy Court, S.D. New York · 1984
100 more not listed; retrieve them via the Exa API.