Chapter 7 Bankruptcy

13 Jan Texas Bankruptcy Court Upholds Attorney-Client Privilege for Bankuptcy Debtors

485424742_aa3739630b_mIn re McDowell, No. 12-31231 (Bky.S.D.Tex. Nov. 16, 202), involved a married couple who filed a chapter 7 bankruptcy case. After the U.S. Trustee filed a motion seeking dismissal of the case under section 707(b), the debtors filed an amended Schedule I, listing different figures for some of their living expenses. The U.S. Trustee then filed a motion requesting that the debtors turn over copies of all documents and notes used in the preparation of their bankruptcy case filing. The debtors opposed this motion, responding that attorney-client privilege, and the doctrine of attorney work product, protected the documents from being disclosed to the U.S. Trustee. Three documents were at issue: first, the Client Information Worksheet used by the law firm representing the debtors; second, the Schedule F listing the debtors' creditors and filled out mostly by hand by the debtors; and third, the Schedule F with the lawyer's handwritten notes for each creditor. The court noted that for the attorney-client privilege to apply, the communicationmust have (1) been made to a lawyer, (2) for the purpose of obtaining legal services or advice, and (3) with the intent that the communication be confidential.
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26 Oct Should I Be Worried About Going To My Meeting of Creditors?

After you file a bankruptcy case, you are required to attend a meeting of creditors. This is scheduled for about a month after your petition is filed, and is usually the only appearance you will need to make during the bankruptcy process. Should you be...

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