MATTER OF O.P.M. LEASING SERVICES, INC.

81 B 10533.

13 B.R. 54 (1981)

In the Matter of O.P.M. LEASING SERVICES, INC., Debtor.

United States Bankruptcy Court, S.D. New York.

June 10, 1981.


Attorney(s) appearing for the Case

Wilmer, Cutler & Pickering, Washington, D.C., for trustee; Stephen F. Black, Washington, D.C., of counsel.

Zalkin, Rodin & Goodman, New York City, for trustee; Henry L. Goodman, New York City, of counsel.

Proskauer, Rose, Goetz & Mendelsohn, New York City, for Singer, Hutner, Levine & Seeman, P.C.; David I. Goldblatt, New York City, of counsel.

Milbank, Tweed, Hadley & McCloy, New York City, for Group of Institutional Creditors; Michael L. Michael, New York City, of counsel.

Winthrop, Stimson, Putman & Roberts, New York City, for Paul Revere Life Insurance Co.; John B. Daniels, New York City, of counsel.

Chester B. Salomon, New York City, for Myron Goodman; Alec P. Ostrow, New York City, of counsel.

Andrew M. Lawler, New York City, for Myron Goodman.

Skadden, Arps, Slate, Meagher & Flom, New York City, for State of Wisconsin Investment Board; Edward J. Yodowitz, New York City, of counsel.

Mudge, Rose, Guthrie & Alexander, New York City, for Bankers Life & Casualty; William Laino, New York City, of counsel.

Sherman & Sterling, New York City, for Pratt & Whitney Aircraft of Canada Ltd. and Corning Glass Works; Paul A. Merolla, New York City, of counsel.

Dreyer & Traub, New York City, for Mordecai Weissman; Martin I. Klein, New York City, of counsel.

Obermaier, Morvillo & Abramowitz, P.C., New York City, for Mordecai Weissman; Elkan Abramowitz and Gilda I. Mariani, New York City, of counsel.

Anderson, Russell, Kill & Olick, P.C., New York City, for O.P.M. Leasing Services, debtor; John H. Gross, New York City, of counsel.

Stroock & Stroock & Lavan, New York City, for First National Bank of St. Paul; Madelaine R. Berg, New York City, of counsel.


OPINION RE: TRUSTEE'S RIGHT TO ASSERT OR WAIVE ATTORNEY-CLIENT PRIVILEGE

BURTON R. LIFLAND, Bankruptcy Judge.

I

The issue before the court is whether a Chapter 11 reorganization trustee of a corporate debtor succeeds to the corporation's right to obtain confidential information from the corporation's former counsel and to assert or waive the attorney-client privilege with respect to that information should a demand by third parties for that information...

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