While § 727(a)(3) is not appropriately used to deny a discharge to a debtor who through inadvertence maintains less than pristine business records, the Bankruptcy Code does not condone a complete default in maintaining and preserving records from which basic information regarding a debtor's business and financial affairs can be obtained. United States Trustee v. Caron (In re Caron), 411 B.R. 706, 711 (Bankr. D. Or. 2008). The Court may consider if the inadequacy of the records is justified under the circumstances.
See also In re Juzwiak, 89 F.3d 424, 428 (CA7 1996) ("[C]ourts and creditors should not be required to speculate as to the financial history or condition of the debtor, nor should they be compelled to reconstruct the debtor's affairs.") (citations omitted)); In re Womble, 289 B.R. at 856 ("Creditors are entitled to written evidence of the debtor's financial situation and past transactions; maintenance of such records is a prerequisite to a discharge."). One of the best discussions of 11 U.S.C. § 727(a)(3) is found in the case of In re Caron, 411 B.R. 706, 711-712 (BC Ore. 2008) where the court explains: Section 727(a)(3) denies a discharge to a debtor who "has concealed, destroyed, mutilated, falsified, or failed to keep or preserve any recorded information, including books, documents, records, and papers, from which the debtor's financial condition or business transactions might be ascertained, unless such act or failure to act was justified under all of the circumstances of the case.
See also In re Juzwiak, 89 F.3d 424, 428 (CA7 1996) ("[C]ourts and creditors should not be required to speculate as to the financial history or condition of the debtor, nor should they be compelled to reconstruct the debtor's affairs.") (citations omitted)); In re Womble, 289 B.R. at 856 ("Creditors are entitled to written evidence of the debtor's financial situation and past transactions; maintenance of such records is a prerequisite to a discharge."). One of the best discussions of 11 U.S.C. § 727(a)(3) is found in the case of In re Caron, 411 B.R. 706, 711-712 (BC Ore. 2008) where the court explains: Section 727(a)(3) denies a discharge to a debtor who "has concealed, destroyed, mutilated, falsified, or failed to keep or preserve any recorded information, including books, documents, records, and papers, from which the debtor's financial condition or business transactions might be ascertained, unless such act or failure to act was justified under all of the circumstances of the case."
Thomas, 03.3 I.B.C.R. at 183, 2003 WL 21981707, at *11 (quoting Blanchard v. Ross (In re Ross), 1999 WL 10019, at *4 (Bankr. E.D. Pa. 1999)); accord Caneva, 550 F.3d 755; United States Trustee v. Caron (In re Caron), 411 B.R. 706 (Bankr. D. Oregon 2008). Indeed, the language of § 727(a)(3) does not expressly limit the inquiry to those records which belong to a debtor, and § 521(4) requires a debtor to surrender to a trustee any books and records related to property of the estate even if such records are not themselves property of the estate.
Thomas, 03.3 I.B.C.R. at 183, 2003 WL 21981707, at *11 (quoting Blanchard v. Ross (In re Ross), 1999 WL 10019, at *4 (Bankr. E.D. Pa. 1999)); accord Caneva, 550 F.3d 755; United States Trustee v. Caron (In re Caron), 411 B.R. 706 (Bankr. D. Oregon 2008). Indeed, the language of § 727(a)(3) does not expressly limit the inquiry to those records which belong to a debtor, and § 521(4) requires a debtor to surrender to a trustee any books and records related to property of the estate even if such records are not themselves property of the estate.