Bank officer receiving and using confidential info

1) Would it be legal for an officer at our bank to receive information regarding a pending lawsuit and a possible judgment from the plaintiff’s attorney before the case even reaches a courtroom and it hasn’t even been decided that our business even owes the money in question?and….2) For that banking officer to use that information to deny us a business loan they had already approved?

Asked on May 28, 2009 under Business Law, Tennessee

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is a lot more information that would be needed, to analyze this properly, and it's also possible that variations in state law would be involved, and I don't practice in Tennessee.  You need to have a lawyer in your area review all the facts, to give you reliable advice on how to deal with this.  One place to look for qualified attorneys is our website, http://attorneypages.com

I'd be very interested to find out, if I were your lawyer, how the bank officer and the plaintiff's attorney made their connection here.  The plaintiff's lawsuit against you is a matter of public record, though, and the bank might have done a routine search that turned this up, and there might be nothing you can do about this.  Anything you already had in writing, that granted the loan, might be critical.


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