Legal Opinion
In Re Crabtree
United States Bankruptcy Court, E.D. Tennessee
Decided April 12, 1984No. Bankruptcy 3-83-01116PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM ON DEBTOR’S MOTION FOR DETERMINATION OF HIS COMPLIANCE WITH ORDER NO. 67
CLIVE W. BARE, Bankruptcy Judge.
The question before the court is whether the duty, pursuant to 11 U.S.C.A. § 521(3) (1979), of an involuntary debtor to surrender property of the estate is superseded by his Fifth Amendment claim of privilege against self-incrimination. 1
I
Pursuant to 11 U.S.C.A. § 303(h) (1979), an order for relief under chapter 7 was entered against the debtor on August 22, 1983. A motion was filed by the trustee on January 13, 1984, to hold the debtor in contempt for failure to: (1) turn over…
2Cases cited12 opinions
- Fisher v. United StatesSupreme Court of the United States · 1976
- Counselman v. HitchcockSupreme Court of the United States · 1892
- United States v. WhiteSupreme Court of the United States · 1944
- United States v. SullivanSupreme Court of the United States · 1927
- McCarthy v. ArndsteinSupreme Court of the United States · 1924
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re ConnellyUnited States Bankruptcy Court, N.D. Illinois · 1986
- In Re FairbanksUnited States Bankruptcy Court, D. New Hampshire · 1991
- In Re KrisleUnited States Bankruptcy Court, D. South Dakota · 1985
- In Re SchickUnited States Bankruptcy Court, S.D. New York · 1997
- In Re DevereauxUnited States Bankruptcy Court, S.D. California · 1985
3 more not listed; retrieve them via the Exa API.