Ethics

This panel will discuss the routine (and not-so-routine) issues that consumer bankruptcy practitioners face.

Discussion of EPF bankruptcy process issues. What are the duties of directors and their professionals in complex multi-debtor cases? More generally, when is it necessary to obtain a conflict waiver? Current vs. recent vs. former clients; directly adverse vs. positionally adverse; relatedness to a prior matter; use of confidential information; review of disinterestedness standards under Bankruptcy Code § 101(14) and related disclosure requirements; ABI Report on Standards of Professional Courtesy and Conduct.

Conflicting ethics and professionalism under different jurisdictions; required disclosures; duties to the various courts; duties to your client; different fiduciary duties; the ethics of insolvency planning and COMI-shifting.

Any reform of current chapter 11 practice must account for the prevailing criticism that fees and costs are too high, and do it in a way that focuses on aligning incentives with case efficiency. This panel of Commissioners will discuss recommended reforms that provide for more effective oversight, as well as alternative fee structures consistent with professionals’ ethical obligations under the Code of Professional Responsibility.

Trustee Selection in Commercial Bankruptcy Cases: Who Wins the Battle to Control the Estate?

This panel will discuss how law firms can use turnaround techniques to maximize the value of their services for themselves and their clients.

Speakers: Roy S. Kobert, Moderator GrayRobinson; Orlando 1. Unbundling the Sticks: Can Debtor Counsel Limit Scope of Representation? PRO: James H. Cossitt James H. Cossitt, PC; Kalispell, Mont. CON: Guy G. Gebhardt Office of the U.S. Trustee; Atlanta 2. Eat Dirt! Can Secured Lenders be Forced to Take Title? CON: Lynn Welter Sherman Adams and Reese LLP; Tampa PRO: Harley E. Riedel Stichter, Riedel, Blain & Prosser, PA; Tampa 3. Welcome to the Laundromat! Can 363 Orders Scrub all Future Claims? PRO: John A. Anthony Anthony and Partners; Tampa CON: Elizabeth A. Green BakerHostetler; Orlando

This panel will discuss retirement, death, changing area of practice, going out of business, fee splitting and unbundling.