In re K.M.

Good Law
12 Bankr. Ct. Dec. (CRR) 1214·12 Collier Bankr. Cas. 2d 860·1985 Bankr. LEXIS 6241·48 B.R. 644
United States Bankruptcy Court, Southern District of CaliforniaApril 26, 1985Bankruptcy Nos. 84-3000-INV-LM7, 84-4322-INV-LM7California785 words

Opinion

Lead Opinion

Malugen, J.

MEMORANDUM OF DECISION

I.

FACTS

An involuntary Chapter 7 petition was filed against Diana K.M. Devereaux (“Dev-ereaux”) in July 1984. In, October 1984, pursuant to a stipulation, an order for relief was entered against the debtor and a trustee appointed.

Devereaux is the subject of a grand jury investigation to determine whether she has committed certain criminal acts, the nature of which have not been revealed to this Court. Devereaux has filed blank schedules and statements of affairs, claiming her Fifth Amendment privilege against self-incrimination. The trustee has moved the Court to order Devereaux to surrender all property of the estate and certify under penalty of perjury that she has done so. Devereaux resists this motion on the grounds that the act of turning over all assets and certifying that she has done so are violative of her Fifth Amendment rights.

II.

ISSUE

Does an order requiring the debtor to turn over property of the estate and certify under penalty of perjury that she has done so, violate her Fifth Amendment privilege against self-incrimination?

III.

ANALYSIS

Devereaux claims that the United States Attorney and the Grand Jury are currently…

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