Bankrupt’s Right to Assert Solicitor-client Privilege is Not Absolute

By | Canadian Fraud Law | February 1, 2016

In Wong v. Luu, the British Columbia Court of Appeal upheld an order requiring the production of a redacted trust ledger to the bankruptcy trustees for Luu Hung Viet Derrick (“Luu”) on the grounds that the trust ledger was not presumptively privileged and that production would not violate the bankrupt’s right to communicate in confidence with his lawyers.

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More Bad News for Bankruptcy Professionals – Baker Botts V ASARCO is Back Like a Boomerang

More Bad News for Bankruptcy Professionals – Baker Botts V ASARCO is Back Like a Boomerang

Last June, the Supreme Court issued a ruling in Baker Botts LLP v. ASARCO, LLC, which dramatically altered expectations that had previously been fairly widely accepted in many areas – the right of professionals representing debtors and creditors committees to be reimbursed by the estate for fees incurred in defending objections to their fees. 

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