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Chapter 11 Trustee

Corporate Debtors’ Attorney-Client Privilege In the Hands of the Bankruptcy Trustee

Imagine if every secret and strategy that you had ever shared with your attorney were laid open for the world to see.  A trustee in a business bankruptcy case may well have the power to review, publish, and wield all of the debtor’s attorney-client privileged communications—including those communications which the debtor’s principals reasonably believed were […]


Ousting the Debtor in Possession: The Good, the Bad and the Ugly of Replacing a Debtor’s Management with a Chapter 11 Trustee

The mere act of filing a chapter 11 bankruptcy petition significantly alters the relationship between a debtor and its creditors, yet, perhaps surprisingly, the filing does not automatically trigger removal of the very management team that led (or maybe drove) the debtor into bankruptcy in the first place.  Why?  Because, in enacting the Bankruptcy Code, […]


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