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Legal Opinion

In Re Rice

United States Bankruptcy Court, D. Oregon

Decided August 18, 1998No. 14-32555PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

POLLY S. HIGDON, Chief Judge.

This opinion addresses important issues of first impression in this District which involve the attorney-client privilege and the work product doctrine. Through a motion for turnover, the Chapter 7 trustee argues that as the debtors’ attorney-client privilege passed to him upon the filing of their bankruptcy petition he may waive it and obtain possession of the debtors’ and the debtors’ attorney’s personal injury records. The debtors refuse to turn over any records, claiming that despite their filing the privilege remains with them, and their…

2Cases cited18 opinions

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. Upjohn Co. v. United StatesSupreme Court of the United States · 1981
  3. United States v. NoblesSupreme Court of the United States · 1975
  4. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  5. Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985

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3Cited by6 opinions

  1. Foster v. HillCourt of Appeals for the Tenth Circuit · 1999
  2. French v. Miller (In Re Miller)United States Bankruptcy Court, N.D. Ohio · 2000
  3. In Re MercuryUnited States Bankruptcy Court, S.D. New York · 2002
  4. Pineo v. Turner (In Re Turner)United States Bankruptcy Court, W.D. Pennsylvania · 2002
  5. Pope v. Clark (In Re Clark)United States Bankruptcy Court, W.D. Pennsylvania · 2002

1 more not listed; retrieve them via the Exa API.

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