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New Ways to Look at Old Problems
Join a judge, trustee, and consumer practitioner as they discuss how to view problems in consumer cases with a new lens. ATopics include using savings to assist a debtor's fresh start, obtaining relief from prior orders, and professionally dealing with aggressive parties (even sometimes the judge).
Ethics (2018 Views from the Bench)
This panel will explore key bankruptcy issues concerning the lawyer’s obligation to be “disinterested” and free from having adverse interests. How do these bankruptcy issues relate to the Model Rules of Professional Conduct, including RPCs 1.6 (“Confidentiality of Information”), 1.7 (“Conflict of Interest: Current Clients”), 1.9 (“Duties to Former Clients”), 1.18 (“Duties to Prospective Clients”), 3.3 (“Candor Toward the Tribunal”) and 4.1 (“Truthfulness in Statements to Others”)? The panel will also address the current state of affairs with respect to the allowance of fees incurred in defending fee applications and the use of in-camera disclosures in conjunction with retention-related issues.
Current Issues Involving Third-Party Releases
This panel will explore current topics of interest involving third-party releases, including issues regarding: "deemed consent" of releasing parties; the scope of third-party releases; and the impact of jurisdictional or constitutional limits on bankruptcy courts to approve non-consensual third-party releases.
Great Debates at Bankruptcy 2018: Views from the Bench
Resolved: Under Till v. SCS Credit Corp., a bankruptcy court is required to use a two-step approach to determine the cramdown interest rate, and must first determine whether there is an efficient market before it can use the formula approach.
Resolved: A trademark licensee retains the right to use a debtor’s trademark post-rejection.
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