Consumer

Join us as we explore three complicated areas of ethics that all attorneys should be wary of. First, we will discuss examples of sanctionable lawyer behavior and when that behavior can result in a law firm being sanctioned. Second, some pre-petition planning is necessary, obvious and required in order to advance your clients’ interests, but some planning can cross the line between permissible advocacy and fraud. How do you know where the line is so that you can represent your client to the best of your abilities and avoid trouble? Lastly, some conflicts are clear, while others are more nuanced. This panel delves into the duties regarding perilous conflicts, and steps you can take to make sure you comply with the appropriate rules of professional responsibility while still representing the best interests of the client.

In 2013, ABI launched a study of individual chapter 11 cases to determine why individual debtors choose chapter 11 and to evaluate the efficacy of individual chapter 11 cases. The study team has gathered data to identify systemic problems that increase the cost and decrease the utility of chapter 11 cases to individuals. The panel, which includes the study’s reporter, investigators and cochairs, will provide an overview of the study’s findings and recommendations.

This panel will discuss various sections of the Bankruptcy Code as they impact or are impacted by divorce proceedings. The panel will discuss the § 101(14A) definition of “domestic support obligations,” the rights of a representative appointed for the debtor’s children, post-nuptial agreements, the standing of an estranged spouse under §§ 523 and 727, §§ 523(a)(5) and (a)(15), equitable distribution awards and § 541, fraudulent conveyances and divorce decrees, and much, much more.

This panel will address many of the thorniest ethical issues for consumer lawyers, including avoiding conflictof- interest issues as counsel in a failing case, counseling a client who will not take your advice, and counseling a mentally ill client.

Join us to learn whether, when and how to effectively use an expert witness in bankruptcy litigation. Let our panel also show you how to avoid successful motions in limine and disqualification of your expert