Bauer

Leonhard Bauer (“Bauer”) appeals his conviction for making false statements on his bankruptcy petition in violation of 18 U.S.C. § 152 (3) and omitting certain assets from his bankruptcy petition in violation of 18 U.S.C. § 152 (7). Because we conclude that Bauer’s attorney-client privilege was violated when the district court allowed Bauer’s bankruptcy attorney to testify against him at his criminal trial, and this error was not harmless, we reverse Bauer’s conviction.

FACTS

On October 11,1990, Bauer filed for Chapter 11 bankruptcy, listing assets of $532,-000.00 and liabilities of $960,588.00. At the time, Bauer was represented by an attorney, Kenneth N. Rivera (“Rivera”), whom he consulted approximately twelve times. In April 1991, a trustee was appointed and the case was converted to Chapter 7 bankruptcy in October 1991. On November 2, 1994, all of Bauer’s dischargeable debts were discharged and the ease was closed on January 17, 1995.

In 1992, following the trustee’s discovery that several of Bauer’s assets had not been reported and that other assets had been transferred within one year of Bauer’s filing of his bankruptcy petition, the case was referred-to the FBI for…