《楊清泉律師專欄》PLEADING 5th AMENDMENT MAY RESULT IN DENIAL OF BANKRUPTCY DISCHARGE(PART I)

“While the defendant is permitted to assert his privilege (against self-incrimination), the court may draw an adverse inference from defendant’s refusal to testify in a civil matter,” the court said. “The defendant also could not recall what income he may have received in 2008, what financial statements he may have given in 2008, his charitable contributions, and what brokerage and bank accounts he may have closed within a year of filing. In other words, debtor was stricken by selective amnesia or intermittent Alzheimer at trial. While the defendant indicated there must be documents to answer these questions, plaintiffs were forced to obtain records from third parties. Such conduct falls far short of a “true presentation of the debtor’s financial affairs.” Finding that debtor’s conduct was not justified, the court denied his discharge pursuant to Section 727(a)(3). On one hand, defendant seeks the powerful relief that a discharge of debt can provide; on the other hand, defendant is unable, or unwilling, to completely disclose his financial affairs. DISCHARGE DENIED.

Lawrence Bautista Yang is a graduate of Georgetown University Law Center and has been in law practice for thirty years. He specializes in bankruptcy, business and civil litigation and has handled more than four thousand successful bankruptcy cases in California. He speaks Mandarin and Fujien and looks forward to discussing your case with you personally. Please call (626) 284-1142 for an appointment at 1000 S Fremont Ave Bldg A-1 Suite 1125 Unit 58 Alhambra, CA 91803.