Garcia, In re
| Decision Date | 16 December 1987 |
| Citation | 838 F.2d 460 |
| Parties | In re Garcia (Oswald) NO. 87-1412 |
| Court | U.S. Court of Appeals — Third Circuit |
Appeal From: E.D.Pa.,
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5 cases
- In re Garcia
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Frenkel v. Frenkel
...... It seems to us that when a client changes attorneys, the burden should rest with the client and his new attorney. [Id.]. Some courts have carved out exceptions to the attorney's right to retain a client's file under a common law retaining lien. See, e.g. In re Garcia, 76 B.R. 68, 69 (Bankr.E.D.Pa.1987), aff'd sub nom., Appeal of Clark, Ladner, Fortenbaugh & Young, 838 F.2d 459 (1987) and 838 F.2d 460 (1987) and sub nom. New World Mktg. Corp. v. Garcia, 838 F.2d 462 (1987) (exception "where some fundamental right of the client would be impaired by recognizing ......
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In re Duque, 90-2109-CIV.
......872, 874 (Bankr.N.D.Ill. 1983) (balancing "the benefit of the information against the burden of production"). This balancing of benefits against burdens calls for the court to consider, inter alia, whether the information is necessary and unavailable from any other source. See In re Garcia, 76 B.R. 68, 69 (E.D.Pa.) (affirming denial of motion to quash in part because subpoenaed lawfirm records "relevant and not available from any other source") (emphasis added), aff'd, 838 F.2d 460 (3d Cir.1987); In re National Trade Corp., 28 B.R. at 875 (recognizing relevance of information ......
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Maleski by Chronister v. Corporate Life Ins. Co.
...... Even if the document retrieval provisions . Page 11. of the Act did not supersede retaining liens, the equitable nature of such a lien would dictate that it be superseded in the face of an overriding public policy. In re: Garcia, 69 B.R. 522 (Bankr.E.D.Pa.), aff'd, 76 B.R. 68 (E.D.Pa.), Aff'd without opinion, 838 F.2d 460 (3d Cir.1987). In enacting the liquidation provisions of the Act, the General Assembly sought to protect the public and policyholders from an insolvent insurer through giving the statutory liquidator the ......
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