Home > Insights > Blogs > Credit Report > "Bank-of-America-v.-Roberts"

Credit Report

Credit Report

(By accessing, browsing or using the pages below, you agree to the Blog Conditions of Use/Disclaimer available under "Links.")

Posts

Debtor-trustees can run but they can’t hide behind the Fifth Amendment

February 2, 2015
debtor-trustees-can-run-650x510

Judgment debtors often try to use the Fifth Amendment’s privilege against self-incrimination to avoid post-judgment discovery of their assets and income. However, the U.S. District Court for the Eastern District of Missouri ruled last year that when the judgment debtor is a trust, neither the trust nor its individual trustees may invoke the privilege against self-incrimination, and the trust must comply with post-judgment discovery. The decision is important for banks and other creditors because individuals often hold their assets in trusts. READ MORE