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Express Grain president John Coleman will plead the 5th, his lawyer informs the court

Thursday, March 10, 2022, 1:47 pm News Flash Archive

For the first time in the whole Express Grain bankruptcy saga, an attorney has filed notice that bankrupt EG's President John Coleman will plead the Fifth Amendment if he is forced to attend his own creditors meeting.

At the creditors meeting, Mr. Coleman's creditors are entitled to question him about his debts and his plans to repay them.

Mr. Coleman's intentions were contained in his objection filed this morning by his attorney Craig Geno in Coleman's personal bankruptcy case.

In the pleading, Mr. Geno informed the court that John Coleman would invoke his privilege against self-incrimination ("plead the 5th") if the court orders Mr. Coleman to attend his creditors meeting on March 23rd.

The objection reads in part:

The Debtor [John Coleman] will exercise his privilege against self-incrimination if compelled to appear and/or testify at any hearing or meeting of creditors in this case, so an order compelling the Debtor to appear will not further the interests of creditors or parties-in-interest in this case ....

In other words, Mr. Geno's argument is, that since Mr. Coleman isn't going to answer any questions, there's no point in ordering him to attend the meeting.

At the original November 24th creditors meeting, Mr. Coleman refused to answer any questions. Then at the continued creditors meeting on March 8th, Mr. Coleman didn't show up at all. The Bankruptcy Court Trustee therefore filed a motion to ask the court to compel Mr. Coleman to attend the creditors meeting on March 23 to answer questions.

Mr. Coleman's objection to being compelled to attend the meeting may be seen here: Objection to motion for order to compel

To read our previous reporting on Mr. Coleman and his bankruptcy case, see here: Express Grain president John Coleman blows off creditors meeting today

The bankruptcy court will meet tomorrow to decide whether to make Mr. Coleman attend the creditors meeting.

To read all our coverage of the Express Grain bankruptcy case, see here: Index of Express Grain articles


John Pittman Hey
The Taxpayers Channel

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