United States Fourth Circuit

Denial of debtor's bankruptcy discharge petition and award of summary judgment to creditor is vacated where: 1) a genuine issue of material fact exists on whether debtor made false statements in his bankruptcy proceedings with an intent to defraud; and 2) a reasonable factfinder could find that the records produced by debtor were sufficient to permit an assessment of his financial condition and that, to the extent debtor had failed to produce certain records, such failure was justified in the circumstances.

Appellate Information

• Decided 08/27/2007
• Published 08/27/2007

Judges

• Before KING and GREGORY, Circuit Judges, and FRANK D. WHITNEY, United States District Judge for the Western District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• Stanton J. Levinson, Silver Spring, Maryland, for Appellant.   John B. Robins, IV, Salisbury, Maryland, for Appellee.