These summaries were prepared by McGuireWoods LLP lawyer Thomas E. Spahn. They are based on the letter opinions issued by the Virginia State Bar. Any editorial comments reflect Mr. Spahn's current personal views, and not the opinions of the Virginia State Bar, McGuireWoods or its clients. 
 Back to main menu

  Print This Leo
LEO NumTopicsSummary

77-Communicating with an Individual Adversary

Because a lawyer/trustee in a Chapter 7 bankruptcy proceeding acts as a fiduciary, he or she may not communicate ex parte with a represented debtor without the debtor's lawyer's consent unless such communications are "authorized" or mandated by law. Examples of such authorized communicates include "notices that, by statute or court rule, must be sent to the debtor personally, or a scheduled and noticed proceeding such as a meeting of creditors pursuant to 11 U.S.C. §341." Another statute (18 U.S.C. §1302(b)(4)) authorize a "wide variety of communications" between Chapter 13 trustees and debtors.

Copyright 2000, Thomas E. Spahn