Jayne Meadows Travel Agency v. Oliver Dashiell, AKA Bud Dashiell
Cases that cite this one
6 later published cases cite this decision. The 5 that cite it most often are listed here.
- Friendly Finance Discount Corp. v. Jones (5th Cir. 1974)
- Cement National Bank v. Colasante (In re Colasante) (District Court, E.D. Pennsylvania 1981)
- Matter of Frisby (District Court, S.D. Mississippi 1976)
- In the Matter of Henry A. Kokoszka, Bankrupts (2d Cir. 1973)
- In the Matter of Albert M. Barbato, Bankrupt, Royal Indemnity Company, a Corporation of the State of New York (A Creditor) (3d Cir. 1970)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Appellee bankrupt was granted his discharge over the objection of Appellant creditor that bankrupt had refused to obey a lawful order of the bankruptcy court (11 U.S.C. § 32 (c) (6)). The court had directed him to answer interrogatories regarding the specific description and location of his books and records. His answer was that all Had been turned over to the trustee. In subsequent hearings, it developed that his accountant had neglected to turn over a certain journal and ledger which were located in dead storage. The referee found that the bankrupt's dereliction was not wilfull and was excusable. The district court agreed and so do we. Whether justification existed is an issue of fact which was resolved against Appellant. Rivas v. Jefferson, 9th Cir., 412 F.2d 769, decided June 24, 1969. The question of the right to a discharge is addressed to the sound discretion of the bankruptcy court with the exercise of which, except in case of gross abuse, an appellate court will not interfere. Burchett v. Myers, 9th Cir. 1953, 202 F.2d 920.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.