Yeaton v. Weisenburg, 457 F.2d 803 (9th Cir. 1972). · Go Syfert
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Yeaton v. Weisenburg, 457 F.2d 803 (9th Cir. 1972). Cases Citing This Book View Copy Cite
5 citation events (1 in the last 25 years) across 3 distinct courts.
Strongest positive: Wachovia Bank, N.A. v. Spitko (paeb, 2006-10-23)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Wachovia Bank, N.A. v. Spitko
Bankr. E.D. Pa. · 2006 · confidence medium
In the Matter of Scott, 172 F.3d at 970 (computer database which stored the electronic records was not usable and trustee would have to sort through boxes to ascertain the financial condition); In the Matter of Juzwiak, 89 F.3d at 429 (a creditor should not have to reconstruct the debtor’s assets); In re Hughes, 873 F.2d 262, 264 (11th Cir.1989) (“Hughes may not simply place two sacks of records before the bankruptcy judge and request the judge sift through the documents and attempt to reconstruct the flow of the debt- *310 or’s assets.”); In the Matter of Yeaton, 457 F.2d 803, 803-4 (…
cited Cited "see" In the Matter of Jack Raymond Goff, Jr., and Peggy Jean Holloway Goff, Bankrupts. Jack Raymond Goff, Jr., Bankrupt v. The Russell Company
5th Cir. · 1974 · signal: see · confidence high
See note 3, supra. 11 . 11 U.S.C. § 32 (c) (2) (Supp.1973). 12 .
Retrieving the full opinion text from the archive…
In the Matter of Robert K. Yeaton, Yeaton Consulting Service, Bankrupt. Robert K. Yeaton, Bankrupt-Appellant
v.
L. E. Weisenburg, Jr., Creditor-Appellee
25914.
Court of Appeals for the Ninth Circuit.
Apr 14, 1972.
457 F.2d 803
Cited by 1 opinion  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: #45,456 of 633,719
Citer courts: N.D. Alabama (2)

457 F.2d 803

In the Matter of Robert K. YEATON, Yeaton Consulting
Service, Bankrupt.
Robert K. YEATON, Bankrupt-Appellant,
v.
L. E. WEISENBURG, Jr., Creditor-Appellee.

No. 25914.

United States Court of Appeals,
Ninth Circuit.

March 20, 1972.
Rehearing Denied April 14, 1972.

Edward Marsh Fox (argued), San Carlos, Cal., Robert K. Yeaton, in pro. per., for appellant.

Fred G. Meis (argued), of Meis, Hill & Sager, San Francisco, Cal., for appellee.

Before ELY, CARTER and CHOY, Circuit Judges.

PER CURIAM:

1

In this California bankruptcy case, Robert K. Yeaton appeals a District Court order affirming the Referee in Bankruptcy's denial of a discharge. Yeaton had been engaged in the business of subdividing and selling real estate when he filed a voluntary petition in bankruptcy. L. E. Weisenburg, Jr., alleging that Yeaton had borrowed $20,000 from him, objected to the discharge. Yeaton produced no records of the alleged loan.

2

The referee denied Yeaton's discharge because (1) Yeaton had failed to keep or preserve adequate books or records from which his financial situation could be determined, and (2) Yeaton deliberately concealed his ownership of certain assets. The District Court affirmed on the first ground only. We agree with the District Court.

3

The District Court was not clearly erroneous in finding that the stacks of canceled checks, escrow statements, diaries, expense listings, and other miscellaneous papers furnished by Yeaton were inadequate to ascertain his financial position and business transactions. Yeaton's own certified public accountant admitted the difficulty with which he managed to file income tax returns. There was adequate evidence to find that a denial of discharge under Sec. 14(c) (2) of the Bankruptcy Act, 11 U.S.C. Sec. 32(c) (2), was proper. See Rhoades v. Wikle, 453 F.2d 51 (9th Cir., 1971).

4

Affirmed.