Practice and Procedure

Sponsored by the ABI's Asset Sales and Ethics and Professional Compensation Committees This webinar will discuss ethical issues professionals may face in asset sales and weave in some real life stories from previous deals our panelists have been involved with. Topics to be addressed include collusion, confidentiality, and fiduciary responsibility.

Bankruptcy Judges Elizabeth Brown and Michael Romero will discuss the year’s widest splits and most controversial opinions with ABI Editor-at-Large Bill Rochelle. They also will analyze important decisions from the Tenth Circuit, the BAPs and the District of Colorado.

Sponsored by ABI's Business Reorganization Committee Please join us for an overview and discussion of chapter 11 cases addressing the nature and treatment of oil and gas gathering agreements. Since the 2016 decision in Sabine Oil & Gas, courts have grappled with whether midstream contracts contain real property covenants that “run with the land” and whether chapter 11 debtors can reject contracts with their midstream providers. In the most recent decisions on this issue (Extraction and Southland), the Bankruptcy Court for the District of Delaware found that the debtors’ gathering agreements did not satisfy the elements required to create such a real property covenant. This CLE will cover (i) foundational law and principles regarding contract rejection and covenants “running with the land”; (ii) an overview of seminal cases, including the most recent decisions in Extraction and Southland; and (iii) a discussion of potential implications of recent case law and guidance for parties navigating this issue.

Presented by the Hon. Steven W. Rhodes Consumer Bankruptcy Conference Explore the latest in what constitutes disposable income, raising and overcoming good-faith objections, evolving strategies in student loan treatment, unique issues arising due to COVID-19, and other advanced and challenging issues facing the chapter 13 practitioner.

Presented by the Hon. Steven W. Rhodes Consumer Bankruptcy Conference This session will examine the high stress levels associated with the legal profession, the consequences of that stress, and what can be done about it. It draws upon recent studies to show empirically that the stress inherent in today’s legal profession is leading to higher rates of depression, anxiety and substance abuse. The studies also show that lawyers in their first 10 years of practice are at the greatest risk. To bring a personal touch to these findings, presenter Jeff Zapor will share his personal story of addiction and recovery. Stress-management techniques will then be introduced, as well as some wellness initiatives that are being tried at the national level.

Bankruptcy lawyers are confronted with daily decisions that may have ethical traps. This panel of experts will identify some of these traps and show you how to avoid them.

Witness testimony at trial and in depositions is critical to winning. This panel of restructuring/insolvency litigators and expert witnesses will discuss how you prepare your fact and expert witnesses, including how to respond to direct examination, how to respond to personal attacks and lies, how to deal with an aggressive lawyer, how to prep a fact witness versus an expert witness, and how an expert witness should prep an attorney.

Presented by the Young and New Members & Ethics and Professional Compensation Committees You work hard for the money, so let’s make sure you get it. This panel will discuss ethical considerations governing that all-important process: getting retained and paid by the bankruptcy estate. Aside from covering the basics of retention for young and new professionals, the panelists will address some of the myriad ethical issues governing retention and compensation that can arise, including connection disclosures, concurrent representations of insiders and expense reimbursement. The session will also discuss recent decisions that could fundamentally affect how professionals are retained — including the use of the so-called “Jay Alix Protocol” and whether nunc pro tunc is still viable.

ABC sponsored this October 22, 2020, session from the Insolvency 2020 Summit. The expert panel addresses the use of technology by bankruptcy professionals inside and outside of the courtroom. The panel materials include applicable Model Rules of Professional Conduct and feature a section on questionable lawyer behavior. The panelists also suggest best practices for fee applications.

This session will highlight several of the Rules of Professional Conduct, including RPC 1.5 (Fees); the Alix/McKinsey litigation; RPC 3.3 (Candor to Tribunal); RPC 4.1 (Truthfulness to Others); the U.S. Trustee guidelines concerning retainers; RPC 7.1 (Communications Concerning a Lawyer’s Services); overbilling, RPC 8.4 (Misconduct); fee examiners, RPC 1.3 (Diligence); disclosures, Bankruptcy Rule 2014; RPC 1.7 (Conflict of Interest); and RPC 7.3 (Solicitation of Clients).