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...
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By Wm. Houston Brown, United States Bankruptcy Judge (Retired)
Turnover of Cars: City must return impounded car. In another opinion from Chicago involving the City’s impounding of cars for traffic violations and refusal to return them to Chapter 13 debtors, the City argued that §§ 362(b)(3) and (4) protected its refusal. The Court construed § 362(b)(3) in light of its reference to § 546(b)(1)(B) as intended to be an exception for the purpose of allowing filing of a continuation statement when a security interest was subject to . . .
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