Legal Opinion
In Re Butcher
United States Bankruptcy Court, E.D. Tennessee
Decided February 1, 1984No. Bankruptcy 3-83-01036PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM ON TRUSTEE’S MOTION TO REQUIRE DEBTOR TO SURRENDER BOOKS AND RECORDS
CLIVE W. BARE, Bankruptcy Judge.
At issue is the debtor’s duty to surrender to the trustee recorded information pertaining to property of the estate, .1:1 U.S.C.A. § 521(3) (1979). Asserting the constitutional privilege against self-incrimination, the debtor contends that compelling him to turn over all books and records relating to property of the estate will violate his Fifth Amendment rights. The trustee maintains that no Fifth Amendment privilege is available to the debtor with respect to the turnover of…
2Cases cited29 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Kastigar v. United StatesSupreme Court of the United States · 1972
- Fisher v. United StatesSupreme Court of the United States · 1976
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Andresen v. MarylandSupreme Court of the United States · 1976
24 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jacob F. Butcher, Debtor-Appellant-Cross-Appellee v. John H. Bailey, Iii, Trustee, Trustee in Bankruptcy-Appellee-Cross-AppellantCourt of Appeals for the Sixth Circuit · 1985
- In Re ConnellyUnited States Bankruptcy Court, N.D. Illinois · 1986
- In Re CrabtreeUnited States Bankruptcy Court, E.D. Tennessee · 1984
- In Re ButcherUnited States Bankruptcy Court, E.D. Tennessee · 1984
- In Re ButcherUnited States Bankruptcy Court, E.D. Tennessee · 1984