Practice and Procedure

Plenary Session

Luncheon Presentation: Sponsored by MorrisAnderson

This panel will explore the struggles of being both civil and persuasive and how our actions affect the reputation of the legal profession in society. The panel will also provide an update on the status of the ABI Civility Task Force.

It’s a jungle out there! Learn the skills and practice tips you need to tame that jungle from seasoned bankruptcy practitioners who have faced the jungle and won, on a variety of professional levels.

This panel will discuss the challenges and techniques for getting business records, reports and electronic data into the record, including concerns regarding privileges. The panel will focus on the issues faced by bankruptcy practitioners who represent trustees, debtors in possession, committees and creditors.

Even before the first discussion in Newport at the 2011 ABI Consumer Forum, practitioners have experienced the difficulties inherent with managing a client with a mental illness or impairment. There can be even more challenges to managing any client matter when an opposing party suffers from a mental illness, especially when that party is self-represented. This panel of experienced practitioners and mental health professionals will discuss the evolving legal and practical issues surrounding mental illness and its impact on the bankruptcy system, as well as discuss methods of remaining calm in what can be an unpredictable and increasingly unavoidable storm.

This panel will explore the basics of chapter 11 cases through the lenses of bankruptcy judges, U.S. Trustees, debtor's counsel, unsecured creditors’ committees and individual creditors. There will also be a particular focus on litigation strategies and skills, as chapter 11 filings continue to be more sale-oriented, resulting in a greater emphasis on claims and avoidance litigation.

This panel will discuss examples of when and how t use valuation opinions and expertise, and the fee structure pitfalls that can impact credibility. When is it appropriate (if ever) to use success fees for valuation opinions.