FRBP 2004 Examination.
In re Bounds (Aug. 31, 2010)
Issue: What information can be obtained in a Rule 2004 Examination when the Debtor and Corporations in question employed the same attorneys?
Holding: The Court finds that Plaintiff is entitled to (a) the Corporations’ files that do not contain Debtor’s confidential information and (b) any documents concerning potential malpractice claims against Corporations’ and Debtor’s attorneys. The Court finds that the Plaintiff is not entitled to documents containing Debtor’s confidential information. The Court also finds that the Trustee cannot waive the attorney-client privilege for Debtor.