Practice and Procedure

This program will address the ethical obligations and best practices to be used by bankruptcy professionals to protect client confidences and valuable estate property in the era of the data breach. The panel will review the rules governing the attorney/client privilege in U.S., The Caymans, and other jurisdictions, as well as the ethical obligations of professionals to secure client information in their possession to forestall the unwanted disclosure of such information due to a data breach.

Puerto Rico judges will discuss attorneys’ fees in chapter 13 cases; summons, service of process, defaults and default judgments; the Puerto Rico homestead exemption law and recent decisions; and conducting evidentiary hearings (handling witnesses, documents and objections).

This panel will provide practical advice to attendees from the viewpoint of a chapter 7 trustee, an accountant and an attorney regarding completeness of schedules, how to properly prepare a debtor to face a chapter 7 trustee interrogation, and discussions on several administrative matters such as late-filed claims, asset-liquidation accounting and § 341 hearing continuances. The panel will also cover recent chapter 7 case law developments.

As the 21st century races forward, the use of technology is rapidly changing many aspects of the business and practice of law. This panel will discuss the latest developments in courtroom presentation technology and its use. It will also offer insights into the technologies that attorneys should understand for their practices and businesses.

This program will look at the actions of the U.S. Supreme Court in 2015, including cases in which the Supreme Court recently granted petitions for certiorari, as well as the dark afterglow of Law v. Siegel. We shall address Stern claims, the definition of “consent,” and what will happen to Dewsnup.

This year’s litigation session will focus on preparing a witness to testify in various bankruptcy circumstances, including § 341 meetings, Rule 2004 examinations, evidentiary hearings and trials. The session will also include “how to” and “how not to” demonstrations of witness preparation by experienced trial lawyers encompassing preparation for both direct testimony and cross-examination.

A professional speaking coach will start this session with general comments on speaking, then provide specific critiques on two teams that will make a mock pitch for a new creditor group representation (ad hoc group or committee).