(Bankr. E.D. Ky. Oct. 3, 2014)
Following trial in this nondischargeability action, the court denies the trustee’s objection to the debtor’s discharge for failure to keep adequate records or explain the disposition of material assets, based on Code §§ 727(a)(3) and (5). While evidence may have shown fraud or poor accounting procedures, the trustee failed to establish his claims under §§ 727(a)(3) and (5). Thus, judgment was entered in favor of the debtor. Opinion below.