Small Business

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.”

In the Massachusetts economy of the 21st century, insolvency professionals are increasingly called upon after it is too late to save a small business. Thus, our practice is increasingly liquidation-focused, requiring the professional to seek to engage in a process that both tightly controls cost and maximizes value. This panel will explore some of the challenges faced in this area, and will focus on such topics as developments in out-of court liquidations (ABCs, self-managed liquidations and other possible structures), setting up a sale process and the prospects for a viable auction, disposition of intellectual property (particularly where the IP portfolio is of limited value) and other unique assets such as liquor licenses, the liquidation of nonprofit debtors, and the possible use of chapter 7 as an effective disposition tool.

This panel will provide a retrospective and prospective discussion of the economic and legislative factors that impact chapter 11 filings, as well as insight on industry trends and hot areas for restructuring services. Ben Franklin once remarked that “creditors have much better memories than debtors.”

This panel will survey tricky issues involving eligibility, good-faith filings, small business bankruptcies and single-asset cases.

Discussion on the chapter 7 trustees’ powers to do a carve-out, the new use of short sales in chapter 7, and the most effective way to sell assets in today’s economic environment. Does the creditor have a say in the trustee’s course of action?

This interactive program will enable attendees to “vote their conscience” (with responders) on various ethical dilemmas, with panelists providing commentary after each question.

Bankruptcy for the Self-Employed