Deutscher v. Lick Fork, Ltd. (In Re Southern Industrial Banking Corp.)

MEMORANDUM AND ORDER ON PLAINTIFF’S MOTION TO COMPEL DISCOVERY

CLIVE W. BARE, Bankruptcy Judge.

The question before the court is whether a signatory of a note, signing in a representative capacity, may be compelled to answer questions pertaining to the corporation he represented when he executed the note. The signatory, an attorney, asserts that the information sought by the trustee is subject to an attorney-client privilege of both the corporation in question and a named individual. According to the trustee, the attorney-client privilege is inapplicable because the signatory was also the…