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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.
ABI Consumer Commission Final Report — Committee on Chapter 13
Speakers, including members of the ABI Commission on Consumer Bankruptcy, will analyze the focus of and suggestions by the Commission on the reduction of barriers to entry into chapter 13, enhancing the fresh start and making chapter 13 work for all stakeholders.
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