U.S. v. Naegele, Criminal No. 05-0151

The attorney-client privilege did not protect information contained in draft bankruptcy forms from disclosure in a debtor's prosecution for bankruptcy fraud because the debtor intended his attorney to reveal the information contained in the drafts in his bankruptcy filings. Draft bankruptcy filings are no more entitled to protection on the basis of privilege than are the filing actually made. Neither were the draft versions of the debtor's bankruptcy forms protected attorney work product. The work product doctrine protects materials prepared "in anticipation of litigation." The bankruptcy filing was not itself "litigation" in anticipation which the draft forms were created.

In re Tom Food's Inc. Case No: 05-40683

The court held that e-mails sent by the Chapter 11 debtor's president, CEO and board members to an attorney on the debtor's board of directors were not protected by the attorney-client privilege or joint-defense privilege. The court noted that the e-mails were widely distributed to other parties. The court also noted that the substance of the e-mails concerned matters within the debtor's business affairs.

Date of decision:

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