Ninth Circuit Rules Age Isn’t Viable Defense for  Failing To Supply Requested Documents; Elissa Miller Serves as Trustee in Chapter 7 Case

In Fox v. Miller, former attorney and businessman Gerson Irving Fox was denied a discharge in his bankruptcy case and he appealed.  After losing his appeal in the District Court, Fox appealed to the United States Court of Appeals for the Ninth Circuit.  In an unpublished opinion issued on November 29, 2019, the Ninth Circuit affirmed the ruling holding that the Debtor failure to keep, maintain or provide adequate financial records was grounds for losing his discharge. Elissa D. Miller served as a trustee in this Chapter 7 bankruptcy case.

As reported by Metropolitan News-Enterprise, 92-year-old Fox cited his age and failing health as reasons for not supplying the records; however, the Court found “that a reasonable person with Appellant’s education, experience, and sophistication would have kept adequate books and records.”

Without Fox’s 2013 and 2014 tax returns or sufficient financial records related to his various businesses, Miller was unable to assess his assets for judgments against him amounting to $18 million.

Read the full article on Metropolitan News-Enterprise.


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