Legal Opinion

In re Lake Lotawana Community Improvement District

United States Bankruptcy Court, W.D. Missouri

Decided December 19, 2016No. Case No. 16-42357-can9PublishedCited by 1 opinion

1Opinion of the Court

*913OPINION AND ORDER DENYING MOVANTS’ MOTION TO COMPEL DISCOVERY OF MEDIATION STATEMENT

JUDGE CYNTHIA A. NORTON, United States Chief Bankruptcy Judge

Must a Chapter 9 debtor produce a pre-petition mediation statement so that its creditor may ascertain whether the debtor mediated in good faith and is thus eligible to file Chapter 9 under 11 U.S.C. § 109(c)(5)(B)? Under the facts of this case, the court concludes that the mediation statement is privileged and need not be produced.1

I. Background

On August 26, 2016, the Lake Lotawana Community Improvement District (“the District”) filed for Chapter 9…

2Cases cited32 opinions

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. United States v. NixonSupreme Court of the United States · 1974
  3. Trammel v. United StatesSupreme Court of the United States · 1980
  4. Jaffee v. RedmondSupreme Court of the United States · 1996
  5. United States v. American Telephone & Telegraph Co.Court of Appeals for the D.C. Circuit · 1980

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3Cited by1 opinion

  1. Accent Delight International Ltd. v. Sotheby'sDistrict Court, S.D. New York · 2020

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