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What constitutes “Attorney Work Product” when a creditor is attempting to discover matters relating to Schedule F – the Schedule setting forth the General Unsecured Creditors?

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)