Meyer et al v. Bissett Nursery Corp. et al
| Bissett Nursery Corp. and United States Trustee |
| Douglas L. Meyer and Mary V. Meyer |
| Douglas L. Meyer and Mary V. Meyer |
| 2:2018cv02955 |
| May 17, 2018 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F. Bianco |
| Bankruptcy Appeal (801) |
| 28 U.S.C. ยง 1334 Bankruptcy Appeal |
| None |
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Filing
9
MEMORANDUM AND ORDER: The Court vacates the order and remands for further proceedings. In sum, the bankruptcy court correctly acknowledged that there was no evidence that Mary had anything to do with the shredding, but incorrectly assigned to her the burden of disproving her involvement. Therefore, the Court must vacate the order denying her a discharge. However, since the trial proceeded under an incorrect assumption, the Court will remand with instructions to reopen the proceedings to allow Bissett, if it so chooses, to elicit Marys testimony or any other evidence relevant to the issue. Ordered by Judge Frederic Block on 9/4/2019. (Innelli, Michael)
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