Where a Chapter 7 debtor fails to disclose the location of his Mercedes which he intended to surrender, fails to produce documents relating to the ownership of his property, and invokes his Fifth Amendment rights against self-incrimination, the Court appropriately denied the debtor a discharge. (Preston) In re Appleby, 2021 WL 5121854 (Bankr. S.D. Ohio, Nov. 3, 2021) Case Summary...
Critical Case Comment
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By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee
United States v. Robinson (In re Robinson), 764 F.3d 554 (6th Cir. August 22, 2014) (Cole). The Federal government’s power to enforce the collection of fines and restitution trumps the statutory protections found in the automatic stay as to both the debtor’s property and property of the estate.
Case Summary
In 1996, James Robinson was convicted of mail fraud and was sentenced to 97.5 months of imprisonment. A year later, he was again convicted of various criminal activities . . .
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