Chicago Title Insurance v. Mart (In Re Mart)

ORDER ON REMAND

THOMAS C. BRITTON, Chief Judge.

The District Court has reversed and remanded the Judgment in this adversary proceeding:

“to consider [under 11 U.S.C. § 727(a)] Sharon Mart’s invocation of her Fifth Amendment privilege against self-incrimination and interspousal privilege as grounds for denial of discharge.” (CP 37 at 19-20).

The parties were heard July 12. They agreed that no further evidence is appropriate and have submitted memoranda. This remand presents issues of first impression under § 727(a)(6), which though effective in 1979, has received virtually no published comment.

The…