Kossoff Can't Plead The 5th As Bankrupt Law Firm Rep

Law360 (July 22, 2021, 6:01 PM EDT) -- New York City real estate attorney Mitchell Kossoff cannot assert the Fifth Amendment in his capacity as representative of his defunct law firm Kossoff PLLC, a federal bankruptcy judge ruled Thursday.

During a hearing held over the phone, U.S. Bankruptcy Judge David S. Jones said that self-incrimination is not an appropriate defense against discovery requests from the firm's bankruptcy trustee because Kossoff has already been assigned to act on the firm's behalf. He is, therefore, not acting in his personal capacity.

Fifth Amendment objections are "unavailable and inapplicable when the production of the information sought is not in the person's individual...

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