Legal Opinion

Friedman v. Luengo (In Re South Florida Title, Inc.)

United States Bankruptcy Court, S.D. Florida.

Decided June 8, 1989No. 17-24798PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM DECISION

THOMAS C. BRITTON, Chief Judge.

The trustee in these three jointly administered bankruptcies seeks denial, under 11 U.S.C. § 727(a)(7), of the bankruptcy discharges of the two individual debtors, German (the debtor husband) and Caridad (the debtor wife) Luengo. 1

Defendants’ Answer invokes their Fifth Amendment and their common law inter-spousal immunity privileges to excuse their refusal to either admit or deny the trustee’s allegations (CP 4). The Answer incorporates a motion for a grant of immunity under 11 U.S.C. § 344 (which only the Attorney General or U.S. Attorney may…

2Cases cited4 opinions

  1. Baxter v. PalmigianoSupreme Court of the United States · 1976
  2. Rad Services, Inc. v. Aetna Casualty and Surety CompanyCourt of Appeals for the Third Circuit · 1986
  3. United States v. Stelweck (In Re Stelweck)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  4. Chicago Title Insurance v. Mart (In Re Mart)United States Bankruptcy Court, S.D. Florida. · 1988

3Cited by2 opinions

  1. Grant v. Simmons (In Re Simmons)United States Bankruptcy Court, M.D. Florida · 1990
  2. DePaola v. Hollingsworth (In Re Transportation Management Inc.)United States Bankruptcy Court, M.D. Alabama · 2002

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API