No CLE

The panel will discuss due diligence requirements before bringing suits, suits or demands made for leverage, asserting claims in excess of estate value, and ethics complaints and litigation advantages.

Prof. Nancy Rapoport, co-chair of ABI’s Ethics Task Force, will give a presentation on the ethics of professional civility by using a familiar Southern California medium: the movies!

Attorney professionalism is dedication to service to clients and a commitment to promoting respect for the legal system in pursuit of justice and the public good, characterized by ethical conduct, competence, good judgment, integrity and civility. This first-of-its-kind course explores the challenges and goals of professionalism among bankruptcy attorneys and other professionals.

In 2013, ABI issued its Final Report of the ABI National Ethics Task Force, and the Executive Office for U.S. Trustees set forth new guidelines for reviewing applications for compensation and reimbursement of expenses filed under § 330 of the Bankruptcy Code for attorneys in larger chapter 11 cases. In addition, the Cayman Islands and the Bahamas have experienced developments with respect to retention and compensation of attorneys. This panel will discuss the ethical implications of these developments.

A history of credit, including terminology, methodology, with stats on use (and misuse), growing market sectors, including a discussion on credit reporting, and impact on credit scores.

What are the consequences of using § 9019 settlements as a means of resolving primary intercreditor disputes?; does application of settlement approval standards effectively alter § 1129 standards?; do settlements become sub rosa plans?; is the door open for “involuntary settlements” based on a debtor’s assessment of litigation probabilities?; other related issues might include “gifting” through § 9019 in the Third Circuit vs. the Second Circuit, plan-support agreements, absolute priority rule/new value plan (Castleton Plaza), equitable mootness (Charter/SemCrude); fee reimbursements for participants (Lehman, AMR)

This panel will take a look at financial statement analysis and key ratios, and why they matter in bankruptcy.