Glinka v. Howard Bank, N.A. (In re Powell)

MEMORANDUM OF DECISION ON RENEWED MOTION TO COMPEL

FRANCIS G. CONRAD, Bankruptcy Judge.

MEMORANDUM OF DECISION

Trustee seeks order1 compelling Bank to produce records of bank examinations. Commissioner contends that the materials sought are privileged under 8 V.S.A. § 508,2 and that the federal common law bank examination privilege militates strongly against disclosure. Trustee claims that the statute is unconstitutional. We hold that neither the Vermont statute nor the federal common law qualified bank examination render the reports privileged. Trustee’s Renewed Motion to Compel is granted.

FACTU…