Attorney Work Product and New York Law
All debtors who retain bankruptcy lawyers when filing Chapter 7, 13,
or 11, are protected by the attorney-client privilege. The essence of
this privilege requires all attorneys and law firms to keep all client
communications confidential, regardless of official demands and court
orders to the contrary. This privilege also extends to documents and
things prepared as attorney work product and New York law also prohibits
producing documents in response to subpoenas.
Violations of rules covering attorney work product and New York Law
Any debtor in bankruptcy who believes their bankruptcy attorney
violated the attorney-client privilege or the attorney work product rule
may peruse two distinctly different avenues of redress. Most often, a
grievance is filed with the NY State bar. The bar may order restitution
of all damages caused as a condition of maintaining a license to
practice law. Also, debtors in bankruptcy may file a civil suit for
damages in state court. The state Bar procedure is free, and provided as
a public service.
The US Bankruptcy Code generously incorporates New York
State statutory laws into the administration of Chapter 7 liquidation, Chapter 13
plans,
and Chapter 11 reorganization cases. The application of State Law in
Federal Court is essential for resolving legal issues pertaining to the
ownership of property, debtor and creditor rights, employment law and
employee rights, enforcement of judgments, determinations of liability,
family obligations, and many more individual rights when dealing with
large corporations. Each year, as the State Legislature in Albany enacts
new statutes, or amends existing statutes, the ripple effect impacts all
New York citizens' rights in Federal Bankruptcy Court.
State and federal court decisions may change the operation of New York State statutory law,
and in turn, impact the administration of consumer cases filed under Chapter 7 and
Chapter 13, especially the classification of assets and dischargeability of liability.
Notice the following recent changes in bankruptcy procedures:
- Bankruptcy New York State, and particularly, the United States Bankruptcy
Court, Southern District of New York are greatly affected by new
income restrictions on qualification for Chapter 7.
- The Bankruptcy Court, Utica, NY, and bankruptcy laws in NY State
require compliance with new local rules to prevent dismissal of
consumer cases, even if filing pro se.
- The Northern District New York Bankruptcy local rules and New York State
Bankruptcy Laws incorporate a new electronic case filing format for
designating property exemptions.
- The United States Bankruptcy Court Eastern District of New York
recently amended it's Local Rules to further restrict New York bankruptcy
qualification, based upon the Abuse Prevention Act of 2005.
- New rules in NY, selling house while in bankruptcy, may allow for
the repudiation of contracts while the case is pending.
Back to New York State Statutory Law information index.
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