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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.
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