Legal Opinion

Mellon Bank, N.A. v. Fekos (In Re Fekos)

United States Bankruptcy Court, W.D. Pennsylvania

Decided October 29, 1992No. 19-20374PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Debtor Christopher P. Fekos has invoked the Fifth Amendment privilege against self-incrimination and has refused to answer questions pertaining to the above bankruptcy cases which were posed by Mellon Bank, N.A. (“Mellon”) at an examination conducted pursuant to Bankruptcy Rule 2004.

Motions by Mellon to dismiss the above cases are now before the court. According to Mellon, the refusal to answer questions at a Rule 2004 deposition in and of itself constitutes cause for dismissal pursuant to 11 U.S.C. § 707(a).

Debtors oppose the motions and…

2Cases cited6 opinions

Lefkowitz v. CunninghamSupreme Court of the United States · 1977
In Re ConnellyUnited States Bankruptcy Court, N.D. Illinois · 1986
In Re Charles George Land Reclamation TrustUnited States Bankruptcy Court, D. Massachusetts · 1983
In Re MosesDistrict Court, E.D. Michigan · 1992
In Re Import Toy Sales, Inc.United States Bankruptcy Court, S.D. Florida. · 1984

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

In Re PekloUnited States Bankruptcy Court, D. Connecticut · 1996
In Re BlanUnited States Bankruptcy Court, W.D. Arkansas · 1999
General Motors Acceptance Corp. v. Bartlett (In Re Bartlett)United States Bankruptcy Court, D. New Hampshire · 1993
Melaragno v. Ciotti (In Re Ciotti)United States Bankruptcy Court, W.D. Pennsylvania · 2011
In re HuntUnited States Bankruptcy Court, M.D. Pennsylvania · 2014