Legal Opinion
Sicherman v. Diamoncut, Inc. (In Re Sol Bergman Estate Jewelers, Inc.)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided November 2, 1998No. BAP 98-8028PublishedCited by 18 opinions
1Opinion of the Court
OPINION
In determining the amount of a preferential transfer, the bankruptcy court admitted the testimony of a former employee of the Debtor and secondary evidence of the Debt- or’s lost business records over the creditor’s objections. The bankruptcy court properly applied Federal Rules of Evidence 1006 and 1004(1). Accordingly, the decision of the bankruptcy court is AFFIRMED.
I.ISSUES ON APPEAL
This appeal presents two issues: (1) whether the bankruptcy court abused its discretion by admitting secondary evidence of business records which had been lost or destroyed prior to trial; and (2)…
2Cases cited21 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- General Electric Co. v. JoinerSupreme Court of the United States · 1997
- Linda M. Kocsis v. Multi-Care Management, Inc., D/B/A Bath Manor Special Care CentreCourt of Appeals for the Sixth Circuit · 1996
- Darrell D. Thurman v. Yellow Freight Systems, Inc., Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1996
- In Re DownsCourt of Appeals for the Sixth Circuit · 1996
16 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hamo v. Wilson (In Re Hamo)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
- Monsanto Co. v. Trantham (In Re Trantham)Bankruptcy Appellate Panel of the Sixth Circuit · 2004
- Kaye v. Agripool, SRL (In Re Murray Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
- Official Unsecured Creditors Committee of Valley-Vulcan Mold Co. v. Ampco-Pittsburgh Corp. (In Re Valley-Vulcan Mold Co.)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
- Beneke Co. v. Economy Lodging Systems, Inc. (In Re Economy Lodging Systems, Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
13 more not listed; retrieve them via the Exa API.