Practice and Procedure

While they share many similarities, individual chapter 11 cases are markedly different from chapter 13 cases. This session will highlight the differences between these two types of cases and the potential pitfalls that exist for the uninformed practitioner.

This session will discuss the difficulties in representing a corporate client, including issues that arise when there is a conflict between what is in the best interest of the company versus the personal interests of the officers and directors, especially in an insolvency situation.

This session will provide guidance on how to frame your argument, avoid jargon, provide the appropriate statutory framework and strengthen your case when presenting arguments before nonbankruptcy judges.

This panel will discuss how consumer attorneys can use chapter 5 avoidance actions and other adversary proceedings in chapter 7 and 13 cases.

This panel will include individuals from various business sectors discussing how they select counsel and what they expect from their counsel during the representation.

The panel will discuss the ins and outs of business development and the various ways attorneys and their firms market their practices.

Knowing who your client is and what duties you have is a problem in cases ranging from the mega Caesars bankruptcy case to actions involving a distressed small family business that is jointly owned by several relatives. This presentation will address several attorney/client ethical issues, both in and out of bankruptcy, when jointly representing clients, including practical considerations when representing a group of closely related businesses, attorney/client privileges between multiple clients, and state and federal law ethical issues related to “who is your client.”

What happens when the lender or debtor is missing key documents or has inadequate documentation? What if there is a lack of original signatures? These and other practical topics will be discussed.

This panel will discuss data-retention concerns for bankruptcy trustees.