Friday, November 15, 2013

Motion to Compel re: 5th Amendment Right during 341 and 2004 exam - I refuse to answer if I slept with that woman... (E.D. NC)

I take the 5th.  I refuse to answer the question if I slept with that woman.....  Who would have thought that a Bankruptcy Court would have to address issues pertaining to an alleged affair.  However, this in fact occurred in North Carolina.  As the facts are an interesting read you will get a good synopsis of case law as it applies to the 5th amendment.  By the way, in North Carolina it is apparently a Class 2 misdemeanor to "lewdly and lasciviously associate, bed and cohabit together" 

In re Welsh - 2013 North Carolina

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