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Debtors rejoice, judge can’t make debtors disclose their assets

Arizona Bank got a judgment against David and Glenette Nothum after the Nothums failed to repay a loan. When the Nothums refused to answer written questions about their assets, the bank had them brought into court to answer the questions in front of a judge.

David Nothum pled the Fifth. He used the constitutional privilege against self-incrimination to avoid answering questions about who owned the house where he lived, saying that the answer to the question might tend to incriminate him.

To get around this roadblock, the bank’s lawyers Read the rest of this entry

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