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§ 542(e)

Dawson, In re

Ruling
Debtors could not plausibly assert the attorney-client privilege where trustee sought to compel turnover of specified documents from debtors' counsel. (Bankr. W.D. Mich.)
Issue(s)
Turnover of Property to the Estate; Order to Turn Over Debtor’s Records.

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Consumer opinion summary, case decided on June 21, 2018 , LexisNexis #0818-051

In re Cardinal Fastener & Specialty Co.

Ruling
Debtor's attorneys ordered to turn over work product as trustee stood in shoes of debtor and could waive privilege.
Procedural posture

After the law firm that served as special counsel to a chapter 7 debtor declined to turn over documents relating to or belonging to the debtor, the chapter 7 trustee filed a turnover motion pursuant to 11 U.S.C.S. § 542(e) and Fed. R. Bankr. P. 2004. The firm objected.

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Commercial opinion summary, case decided on February 04, 2013 , LexisNexis #0213-123

In re Equaphor Inc.

Ruling
Law firm that withdrew from representing debtor in shareholder derivative suit ordered to turn over files to trustee, subject to privilege.
Procedural posture

Debtor corporation filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's bankruptcy estate. The trustee filed a motion seeking an order under 11 U.S.C.S. § 542(e) which required a law firm that had represented the debtor and three of its current or former directors to turn over files the firm possessed. The firm and the directors filed an objection.

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Commercial opinion summary, case decided on May 14, 2012 , LexisNexis #0612-022

In re Crescent Res. LLC

Ruling
Debtor's law firm ordered to turn over files relating to transaction with former parent company that allegedly rendered debtor insolvent.
Procedural posture

A litigation trust under bankruptcy debtors' plan sought to obtain client files of a law firm which allegedly represented the debtors before, during, and after a transaction in which the debtors borrowed money which was then transferred to the former parent company of the debtors from a new entity in exchange for the parent's equity interests in the debtors. The trust moved for turnover of the client files pursuant to 11 U.S.C.S. § 542(e).

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Commercial opinion summary, case decided on July 22, 2011 , LexisNexis #0811-121

In re Herrera

Ruling
Attorney required to turn over documents relating to debtor's state court lawsuit.
Procedural posture

The debtors filed for relief under chapter 7 of the Bankruptcy Code. The attorney had represented the debtors in a state court lawsuit and claimed that he was owed over $48,000 in legal services. The debtors sought to hold the attorney in contempt for violation of the automatic stay and sought a turnover of documents. The attorney filed a motion for sanctions.

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Consumer opinion summary, case decided on June 05, 2008 , LexisNexis #0708-049