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Gerson Irving Fox v. Elissa Miller, Chapter 7 Trustee

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-56182 · judgment November 29, 2019

Certiorari denied · May 18, 2020
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Upon proof of failure to keep adequate books and records, a debtor's discharge may be withheld under section 727(a)(3) of the Bankruptcy Code unless the debtor shows in response that recordkeeping was "justified under all of the circumstances." The provision has led to wildly inconsistent decisions. The question presented is whether a justification for recordkeeping "under all of the circumstances," where supported by competent, admissible evidence, may be weighed and overruled on summary judgment?

Counsel of record

For petitioner
Gerson Irving Fox

For respondent
—

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 18 2020
    Petition DENIED.
  2. Apr 22 2020
    DISTRIBUTED for Conference of 5/15/2020.
  3. Feb 27 2020
    Petition for a writ of certiorari filed. (Response due April 6, 2020)