In a bankruptcy, insolvency practitioners» powers include the court - sanctioned ability to: interview
under compulsion; search and seize property associated with fraud; obtain freezing orders on assets; overturn transfers of assets to third
parties; obtain passport orders to prevent bankrupts from leaving the country; and order the delivery up of records.
Judge Grimm suggested that, if
parties entered into a nonwaiver agreement as a result of a «meet - and - confer»
under Federal Rule of Civil Procedure 26 (f), and that agreement was embodied in an order, any inadvertent production would be made
under «judicial
compulsion» and there would be no third
party waiver.