In re Sussman » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

In re Sussman

In re Sussman

Case Date: 07/07/2020
Citation: 2020 U.S. App. LEXIS 21010; 2020 WL 3790714
Court Type: Federal Circuit Court
Court: 11th Circuit Court of Appeals (11th Cir.)
Judge: Circuit Judge: Per Curiam
Issues:

The electronic discovery issue in the case was an appeal of the decision of the bankruptcy court that found that the Debtor committed spoliation of evidence when she intentionally destroyed her laptop and whether the bankruptcy court properly applied a presumption that the Debtor had not taken a required credit counseling under 11 U.S.C. 109(h)(1)

Resolution:

The court affirmed the decision of the bankruptcy court. The court held that the destruction of the laptop had deprived the court of the best evidence to prove compliance with 11 U.S.C. 109(h)(1). The Debtor had been informed on multiple occasions to preserve the laptop, had failed to preserve the laptop, Debtor provided multiple contradicting stories regarding the loss of the laptop in a failed effort to rebut the presumption properly applied by the bankruptcy court. The bankruptcy court’s decision was not erroneous under these facts.

Relevant Documents:

Order

E-Discovery Issues: Motion for Sanctions, Motion for Spoliation
E-discovery Tags: Preservation and Collection, Sanctions, Spoliation
E-discovery subjects: Computer, Internet usage

Published: July 26th, 2021

Category: Uncategorized


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