Merchants Bank v. Vescio (In Re Vescio)

MEMORANDUM OF DECISION RULING ON PRIVILEGE ASSERTED BY FDIC

FRANCIS G. CONRAD, Bankruptcy Judge.

Debtors requested that Bank produce various documents in its possession that FDIC claims are privileged. After in camera review of the disputed documents, we now rule 1 on FDIC’s claim of privilege. Two prior opinions — one of ours and one from the District Court — set out the procedural history of this matter and provide more extensive discussions of the applicable law and facts. We repeat here only the minimum necessary to explain our rulings.

Our December 9, 1996 Order on Counter-Claimant Veseios’…