IN RE WILSON

Bankruptcy No. 3-83-00848, Adv. Nos. 3-84-0149, 3-84-0347.

50 B.R. 701 (1985)

In re Earl D. WILSON a/k/a Earl Wilson, Debtor. William L. DAVIS, Substitute Trustee, Plaintiff, v. Earl D. WILSON, Defendant. FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff, v. Earl D. WILSON a/k/a Earl Wilson, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

July 9, 1985.


Attorney(s) appearing for the Case

Heiskell, Donelson, Bearman, Adams, Williams & Kirsch, William S. Lockett, Jr., Knoxville, Tenn., for plaintiff Davis.

Morton, Lewis, King & Krieg, Deborah C. Stevens, Knoxville, Tenn., for plaintiff Federal Deposit Ins. Corp.

Cecil D. Branstetter, Nashville, Tenn., Stephen C. Zachary, Cleveland, Tenn., for defendant.


MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

At issue is whether the debtor waived the Fifth Amendment privilege against self-incrimination by voluntarily answering questions posed during two discovery depositions taken in his bankruptcy case prior to commencement of the instant adversary proceedings.1

I

Three bank creditors filed an involuntary chapter 7 petition against the debtor on May 26, 1983. Sustaining...

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