Trustee and Debtor Communications

Intro by Vijay Malik

Can a bankruptcy trustee, who is also a lawyer, communicate directly with a debtor who is represented by counsel?

The answer perhaps lies in Rule of Professional Conduct Rule 4.2. Legal Ethics Opinion 1861 states:

“In light of the purposes of Rule 4.2, and especially because of the fact that a lawyer/trustee may be in a position to take advantage of a debtor if he is permitted to communicate with the debtor without the presence of the debtor’s counsel, the Committee opines that a lawyer who serves as a bankruptcy trustee may not communicate with a represented debtor unless the debtor’s lawyer consents or the communication is authorized by law. Examples of communications that are authorized by law are 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.”

To read the complete Ethics Opinion, please click here.

Mr. Malik is a law student at Creighton University in Omaha, Nebraska. Prior to law school, Mr. Malik worked in real estate private equity and investing banking for various firms in New York and Washington, D.C.

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