Legal Opinion
In Re Peklo
United States Bankruptcy Court, D. Connecticut
Decided September 20, 1996No. 19-50189PublishedCited by 7 opinions
1Opinion of the Court
RULING AND ORDER ON TRUSTEE’S MOTION TO DISMISS CHAPTER 7 CASE
ROBERT L. KRECHEVSKY, Bankruptcy Judge.
I
ISSUE
Pursuant to Bankruptcy Code § 707(a)(1) 1 , the Trustee filed a motion to dismiss the debtor’s Chapter 7 ease. At issue is whether the debtor’s invocation of his Fifth Amendment privilege against self-incrimination and refusal to answer any questions at the creditors’ meeting constitute cause for dismissal. The matter has been submitted to the court on affidavit and memoranda of the appearing parties, from which the following background is derived.
II
BACKGROUND
Douglas Peklo, the debtor…
2Cases cited8 opinions
- Baxter v. PalmigianoSupreme Court of the United States · 1976
- Lefkowitz v. CunninghamSupreme Court of the United States · 1977
- In Re ConnellyUnited States Bankruptcy Court, N.D. Illinois · 1986
- In Re SchwartzUnited States Bankruptcy Court, S.D. New York · 1986
- Scarfia v. Holiday BankDistrict Court, M.D. Florida · 1990
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Deglin v. Keobapha (In Re Keobapha)United States Bankruptcy Court, D. Connecticut · 2002
- In Re BlanUnited States Bankruptcy Court, W.D. Arkansas · 1999
- In Re FosterUnited States Bankruptcy Court, D. Colorado · 1997
- Melaragno v. Ciotti (In Re Ciotti)United States Bankruptcy Court, W.D. Pennsylvania · 2011
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
2 more not listed; retrieve them via the Exa API.