U.S. Court of Appeals for the Ninth Circuit, 1969

Herbert Berg, Dba Berg Construction v. Continental Bank

Herbert Berg, Dba Berg Construction v. Continental Bank
U.S. Court of Appeals for the Ninth Circuit · Decided May 19, 1969 · Hamley, Ely, McNichols
410 F.2d 1142; 1969 U.S. App. LEXIS 12343 (Federal Reporter, Second Series)

Herbert Berg, Dba Berg Construction v. Continental Bank

Opinion

PER CURIAM:

The appellant bankrupt appeals from the District Court’s order denying his application for discharge. The Referee’s order, confirmed by the District Court, was based upon two grounds, as follows:

(1) That the bankrupt had “failed to keep or preserve books of account or records, from which his financial condition and business transactions might be ascertained * * 11 U.S.C. § 32(c).

(2) That the bankrupt’s debt to the appellee resulted from the bankrupt’s having made “a materially false statement in writing respecting his financial condition” and the appellee’s reliance upon the misrepresentation in making the loan in question.

The evidence considered by the Referee in connection with the appellee’s objection to discharge consisted of documentary exhibits and oral testimony and was somewhat extensive. The record reveals that the evidence was carefully considered, both by the Referee and in the District Court. From our examination of the record and our review of the *1143 authorities presented in the excellent briefs of both parties, we are unable to say that the challenged order was clearly wrong.

Affirmed.

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