In re Vee Vinhnee

336 B.R. 437 (2005)

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In re Vee Vinhnee

United States Court of Appeals for the Ninth Circuit
336 B.R. 437 (2005)

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Facts

Vee Vinhnee (debtor) filed for bankruptcy, seeking to discharge debts owed to American Express (creditor), among others. American Express filed suit against Vinhnee to prevent the debt it was owed from being discharged. At the hearing, American Express sought to introduce computerized records. American Express called one of its employees to testify that he was familiar with the company’s computers, software, and recordkeeping. The employee described the equipment used by the company, named the computer software used by the company, stated that the computers and their software were standard for the industry, and stated that the computers were considered reliable. The witness did not testify to his position, title, or training. The witness did not provide information about American Express’s computer policies, system controls, or data security. The witness did not explain how data was backed up, or whether the system was audited to ensure the records’ integrity. The trial court ruled that there was insufficient evidence in the record to authenticate the computer records and entered judgment for Vinhnee. American Express appealed, arguing that the trial court erred by disallowing its computerized evidence.

Rule of Law

Issue

Holding and Reasoning (Klein, J.)

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