In re Keefe, Case No: 06-01198

Discharge - Debtor's depression at seeing financial records was not justification for their destruction.

A Chapter 7 debtor's alleged depression at seeing the financial records of his failing business and desire not to be reminded of his financial difficulties was not a justification for his deliberate destruction of these records, such as he could raise in defense of a complaint to deny his discharge under 11 U.S.C.A. 727(a)(3). While the debtor may have acted with benign intent in destroying the records and not out of any desire to frustrate his creditors, his destruction of project records was in no sense right, good or appropriate, and could not be regarded as justifiable, for bankruptcy discharge purposes. A debtor's failure to keep or preserve financial records is justified, and will not provide basis for the denial of his bankruptcy discharge, if it is right or appropriate under the circumstances.

Date of decision: 12/27/07

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