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How to Decide Where to File — and When to Object to the Chosen Venue
Taking in the perspectives of the debtor and secured lenders, including the appropriateness to decline to support a filing in a jurisdiction that one believes is “unfavorable” in terms of permitted financing terms and covenants, how does a practitioner decide where to file? What goes into the decision? Why are the Sixth Circuit courts not as popular for selection? When should a venue be challenged?
Judicial Town Hall
The judges will discuss ethical issues involved with the representation of parties in bankruptcy proceedings. Topics for discussion include pre-filing obligations (e.g., investigation of assets, conflicts, employment and fee-sharing agreements), duties upon filing the case (e.g., disclosures, fee applications, § 341 meetings, adversary proceedings), and ongoing and other obligations (e.g., fee disgorgement, duties throughout a chapter 13 proceeding, sanctions). The discussion will consider federal bankruptcy statutes, federal and state rules of procedure, and state rules for attorney conduct.
Pushing the Envelope in Chapter 11 — How Far Can You Go?
Take it to the limits in this commercial bankruptcy session while examining whether lenders should push for deal terms that are not contemplated by, nor consistent with, local rules or practice concerning financing orders. In an “emergency” filing that is followed by an immediate asset sale, why aren’t directors and officers exposed for undue delay, and what happens to that claim?
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