The Electronic Discovery Blog discusses the case of In re Quintus Corp., 2006 WL 3072982 (Bankr. D. Del. Oct. 27, 2006), wherein the Delaware Bankruptcy Court entered summary judgment in favor of a Bankruptcy Trustee based upon the adverse party’s destruction of documents. See $1.888 Million Judgment Entered in Favor of Bankruptcy Trustee Based on Adverse Party’s Spoliation of Financial Records. The post includes a link to download the opinion.
Note that the electronic documents were destroyed before the Trustee was even appointed, and before an adversary proceeding was filed. The court concluded that the party should have anticipated litigation.
Bankruptcy lawyers, as much as general litigation lawyers, need to be familiar with Electronic Discovery rules.