In Re DG Acquisition Corp.
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
DECISION ON MOTION TO COMPEL PRODUCTION OF DOCUMENTS
JEFFRY H. GALLET, Bankruptcy Judge.
Trustee moves to compel the non-debtor spouses of four debtors 1 to produce documents pursuant to subpoena. The non-debt- or spouses object claiming that production of the documents would be a violation of their Fifth Amendment right against self-incrimination. In response, the Trustee argues that the non-debtor spouses waived their Fifth Amendment privilege, or if the privilege was not waived, they do not have a valid Fifth Amendment “Act of Production” right.
I find that the non-debtor spouses did not…
2Cases cited27 opinions
- Kastigar v. United StatesSupreme Court of the United States · 1972
- Baxter v. PalmigianoSupreme Court of the United States · 1976
- Fisher v. United StatesSupreme Court of the United States · 1976
- Hoffman v. United StatesSupreme Court of the United States · 1951
- Rogers v. United StatesSupreme Court of the United States · 1951
22 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re Dg Acquisition Corp. Debtor. Dg Creditor Corp., Trustee for the Dg Creditor Trust v. Ivette Dabah, Barbara Dabah, Renee Dabah, and Yvette DabahCourt of Appeals for the Second Circuit · 1998
- In Re SchickUnited States Bankruptcy Court, S.D. New York · 1997
- In Re DG Acquisition Corp.District Court, S.D. New York · 1997
- In re East 51st Street Crane Collapse LitigationNew York Supreme Court · 2010
- In re MavashevUnited States Bankruptcy Court, E.D. New York · 2016
3 more not listed; retrieve them via the Exa API.