Duty to Disclose Archives - Page 2 of 2 - National Consumer Bankruptcy Rights Center

by NCBRC Editor on March 24, 2016

Mere Delay without Prejudice Does Not Preclude Reopening

In the absence of evidence of prejudice, mere delay in moving to reopen is insufficient reason to deny the motion. In re Yonish, 15-8006 (B.A.P. 6th Cir. March 3, 2016). [Read more…] about Mere Delay without Prejudice Does Not Preclude Reopening

by ncbrc on August 11, 2015

Jones v. Bob Evans Farms, Inc., No. 15-2058 (8th Cir.)

Type: Amicus
Date: August 10, 2015
Description: Whether under Rule 1007(h) a chapter 13 debtor has a duty to disclose acquisition of post-petition legal claim.
Result: Affirmed, January 26, 2016. Debtor lost.

Jones 8th Cir opinion

Jones NACBA amicus 8th Cir.

by NCBRC Editor on December 4, 2012

Attorney/Client Privilege Protects Intake Questionnaire

The Bankruptcy Court for the Southern District of Texas issued a memorandum “to clarify the scope of the attorney/client privilege and the work product doctrine” in the bankruptcy context. In re McDowell, No. 12-31231 (Bankr. S.D. Tex. Nov. 16, 2012). There, the UST sought to compel production of three documents: 1) the attorney’s intake questionnaire, 2) a copy of the original draft Schedule F with debtors’ handwritten notes on it, and 3) debtors’ counsel’s draft copy of the Schedule F with his handwritten notes on it. The debtors asserted attorney/client privilege and work product with respect to the questionnaire, attorney/client privilege with respect to the debtors’ draft of the Schedule F form, and work product with respect to the attorney’s draft of the Schedule F form.