In re Tobias, Greenthal & Mendelson
District Court, S.D. New York
In Bankruptcy. In the matter of bankruptcy proceedings of Tobias, Greenthal & Mendelson. On motion of Robert C. Moms,' receiver, to compel the bankrupt to answer questions on an examination under Bankr. Act, § 21a. The proceedings were involuntary, but they had gone to adjudication, and the bankrupt had filed his schedules, containing, of course, a statement of his liabilities and- of his property.
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In Bankruptcy. In the matter of bankruptcy proceedings of Tobias, Greenthal & Mendelson. On motion of Robert C. Moms,' receiver, to compel the bankrupt to answer questions on an examination under Bankr. Act, § 21a. The proceedings were involuntary, but they had gone to adjudication, and the bankrupt had filed his schedules, containing, of course, a statement of his liabilities and- of his property. On the examination he declined to answer any questions on the ground that they would incriminate him.
1Opinion of the Court
HAND, District Judge.
[ 1 ] That a bankrupt has a privilege against self-crimination is settled in this district. Re Feldstein (D. C. N. Y.) 4 Am. Bankr. Rep. 321, 103 Fed. 260; Re Kanter & Cohen (D. C. N. Y.) 9 Am. Bankr. Rep. 104, 117 Fed. 356. Section 7 (9) of the Bankruptcy Act (Act July 1, 1898, c. 541, 30 Stat. 548 [U. S. Comp. St. 1901, p. 3425]) could be drawn to toll the privilege under Brown v. Walker, 161 U. S. 591, 16 Sup. Ct. 644, 40 L. Ed. 819; but as it stands I think Counselman v. Hitchcock, 142 U. S. 562, 12 Sup. Ct. 195, 35 L. Ed. 1110, controls. Mackel v. Rochester (C. C. A.…
2Cases cited12 opinions
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Brown v. WalkerSupreme Court of the United States · 1896
- Johnson v. United StatesCourt of Appeals for the First Circuit · 1908
- Ensign v. PennsylvaniaSupreme Court of the United States · 1913
- Evans v. O'ConnorMassachusetts Supreme Judicial Court · 1899
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3Cited by1 opinion
- McCarthy v. ArndsteinSupreme Court of the United States · 1924