In McDowell, the Court required debtors’ attorney to turn over debtors’ original Schedule F, but not other documents.
Ruling on the U.S. Trustee’s motion to require the Chapter 7 debtors’ attorney to turn over various documents created during the debtors’ case, the court held that:
- A questionnaire created by the attorney, to which one or both of the debtors provided answers and which contained notes written by the attorney during follow-up consultation and final preparation of the debtors’ schedules, was protected as an attorney-client communication and as attorney work product.
- A copy of the debtors’ original Schedule F with handwritten notes and comments by the debtors was not protected by attorney-client privilege and needed to be turned over.
- A copy of the debtors’ original Schedule F with comments by the debtors’ attorney was protected as attorney work-product.
In re McDowell, — B.R. —-, 2012 WL 5837587 (Bankr. S.D. Tex., Nov. 16, 2012)