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IN RE POWELL

Bankruptcy No. 97-102774 FGC, Adversary No. 97-1085.

227 B.R. 61 (1998)

In re Alan C. POWELL and Beth A. Powell, Debtors. and G. GLINKA, Esq., Trustee, v. HOWARD BANK, N.A., Defendant.

United States Bankruptcy Court, D. Vermont.

October 19, 1998.

Attorney(s) appearing for the Case

A.M. Metayer, Assistant General Counsel, Department of Banking Insurance, Securities and Health Care Administration, Montpelier, VT ("Commissioner").

L. Chalidze, Of counsel to Miller & Faignant & Whelton, PC, Rutland, VT, for Gleb Glinka, Chapter 7 Trustee for the Estate of Alan and Beth Powell, Cabot, VT ("Trustee").

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...

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