Upon proof of failure to keep adequate books and records, a debtor's discharge may be withheld under section 727(a)(3) of the Bankruptcy Code unless the debtor shows in response that recordkeeping was "justified under all of the circumstances." The provision has led to wildly inconsistent decisions.

The question presented is whether a justification for recordkeeping "under all of the circumstances," where supported by competent, admissible evidence, may be weighed and overruled on summary judgment?

Whether a justification for recordkeeping 'under all of the circumstances,' where supported by competent, admissible evidence, may be weighed and overruled on summary judgment?