Citibank, N.A. v. Andros

BRIGHT, Circuit Judge.

This case presents the single issue of whether the trustee in bankruptcy may waive the attorney-client privilege of a corporate debtor, over the objection of officers of the debtor corporation. The district court ruled that the trustee could not waive the privilege on behalf of the corporation. In the circumstances of this case, we conclude that the trustee may waive the bankrupt corporation’s attorney-client privilege. Accordingly, we reverse the ruling of the district court.

I. Background.

The appellant, Citibank, N.A. (Citibank), the principal secured creditor of three…