Waiver of Attorney-client Privilege in Corporate Chapter 7 Cases
When a corporation is a chapter 7 debtor a trustee is appointed by the court to act on behalf of the bankruptcy estate. The chapter 7 trustee has the power to waive the attorney-client privilege with regards to communications that occurred with the prior management of the debtor and the attorney for the corporation. An officer of a corporation that might land in chapter 7 may want to be mindful of the power to waive as he or she interacts with the attorney for the corporation. The power to waive the attorney-client privilege is not applicable in a case where an individual is the debtor.
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For more than 20 years, the Sasser Law Firm has been helping individuals and business owners sort through financial hardships to see the light at the end of the tunnel. Our North Carolina bankruptcy attorneys are all board-certified specialists, which means we have passed a complex exam, undergone a thorough peer review, and continue to earn legal education credits in this ever-evolving area of law.