Ms Justice Elizabeth Dunne said she was concerned if Mr FitzPatrick was giving the same instructions to both sets of legal representatives.
She was assured by solicitor Michael Staines,�who is representing Mr FitzPatrick in criminal proceedings,�that he was.
Mr Staines told the bankruptcy court it should not proceed with questioning him on a particular issue until the outcome of the criminal case.
He said it was possible the�Director of Public Prosecutions�would also ask the court to adjourn the case.
The application by a court-appointed official to question Mr FitzPatrick in the High Court as part of bankruptcy proceedings had been adjourned to allow statements to be submitted to the court.
In July, the High Court was told the official assignee wanted to examine Mr FitzPatrick about the ownership of a large London office investment property.
Ms Justice Dunne adjourned the matter for two weeks and asked Mr FitzPatrick’s legal team to lodge sworn statements setting out their submissions on the issue of prejudice.
Today she noted that had still not been done.
The former Anglo Irish Bank chairman is estimated to have debts of €150m and assets of €47m.
He was declared bankrupt in July 2010.