In re Big M, Inc., No. 13-10233 (DHS), 2013 WL 1681489 (Bankr. D.N.J. April 17, 2013). In Big M, the Bankruptcy Court for the District of New Jersey (the “Bankruptcy Court”) held that the debtor’s privilege did not pass to the creditors’ committee, even though the creditors’ committee obtained authority to investigate certain of the debtor’s causes of action, because the committee was acting as a fiduciary to creditors as opposed to the debtor’s estate. While a debtor’s privilege usually passes to the estate or appointed trustee upon bankruptcy, the Bankruptcy Court did not find existing authority on whether the privilege similarly passed to a committee bringing claims on behalf of the estate. The Bankruptcy Court found the committee’s fiduciary obligation to the debtor’s creditors to be the distinguishing factor. Because it was possible for the estate’s interests to diverge from creditors’ interests, the Bankruptcy Court held that the debtor’s privilege did not pass to and could not be waived by the committee.