Legal Opinion

In re Richards Discount Jewelers, Inc.

District Court, S.D. New York

Decided September 11, 1969No. 69 B 309Published

1Opinion of the Court

MEMORANDUM

POLLACK, District Judge.

The petitioning creditors in this involuntary bankruptcy proceeding have applied for an order pursuant to Rule 37 F.R.Civ.P. to impose sanctions on the alleged bankrupt for the refusal of one of its officers to respond to questions in an oral examination before trial ordered under Section 3, sub. d of the Bankruptcy Act, (11 U.S.C. § 21d). The creditors seek to prove the commission of acts of bankruptcy and the insolvency of the respondent. The witness claimed his own constitutional privilege against self incrimination in response to the questions put to him.

A…

2Cases cited5 opinions

  1. Curcio v. United StatesSupreme Court of the United States · 1957
  2. George Campbell Painting Corp. v. ReidSupreme Court of the United States · 1968
  3. In Re Totem Lodge & Country Club, Inc.District Court, S.D. New York · 1955
  4. In Re ShulundDistrict Court, D. Montana · 1962
  5. In re Cardinal Service Corp.District Court, S.D. New York · 1959

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