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IN RE BERNAT

Bankruptcy No. 84-02759G, Adv. No. 84-1527G.

61 B.R. 586 (1986)

In re Edmund M. BERNAT, III, t/a Bernat's Auto Body and t/a Bernat's Towing, Debtor. EXCELSIOR TRUCK LEASING CO., INC., Plaintiff, v. Edmund M. BERNAT, III, t/a Bernat's Auto Body t/a Bernat's Towing, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

June 12, 1986.

Attorney(s) appearing for the Case

Melvin Rubin, Ardmore, Pa., for plaintiff, Excelsior Truck Leasing Co., Inc.

Michael A. Cibik, Philadelphia, Pa., for debtor/defendant, Edmund M. Bernat, III, t/a Bernat's Auto Body t/a Bernat's Towing.

Leo F. Doyle, Philadelphia, Pa., trustee.

OPINION

EMIL F. GOLDHABER, Chief Judge:

On remand from the district court, the issue is whether we should deny the debtor a discharge of debts on the basis that (1) under 11 U.S.C. § 727(a)(5)1 of the Bankruptcy Code ("the Code") the debtor failed to offer a satisfactory explanation for a missing truck, or (2) under § 727(a)(3) he failed to keep accurate records of his vehicle insurance policies. For the reasons expressed...

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