Professional Compensation/Fees

This panel will focus on the current challenging market for restructuring professionals. The faculty will share their insights into how they have maintained their practices during the current industry downturn and will tackle a broad range of questions and topics, including: What are the reasons for the downturn, and what, if anything, can restructuring professionals do to stem the downturn? How has the downturn impacted competition for clients, and what are some tips for distinguishing yourself? How do you stay relevant within your own firm to ensure that you are selected to work on restructuring matters? Is there any advice for younger professionals who are in the early stages of trying to build a career in this field? Have restructuring professionals sought new types of clients or types of restructuring work, or do some now work in entirely different practice areas? If not, should they?

Moderator: Brian L. Shaw Shaw, Fishman Glantz & Towbin LLC Resolved: Credit counseling received on the petition date, though after the time of the filing, satisfies the requirements of section 109(h)(1). Speakers: Pro: Hon. Robert D. Martin U.S. Bankruptcy Court (W.D. Wis.); Madison Con: Hon. Eugene R. Wedoff U.S. Bankruptcy Court (N.D. Ill.); Chicago Resolved: Student loans should be dischargeable in bankruptcy. Speakers: Pro: William J. Factor The Law Office of William J. Factor, Ltd.; Northbrook, Ill. Con: Monette W. Cope Weltman, Weinberg & Reis Co., LPA; Chicago Resolved: “Fee jumping” in chapter 13 cases is legal and ethical. Speakers: Pro: Nicholas Perino Swanson & Desai, LLC; Chicago Con: Justin R. Storer Lakelaw; Chicago

PRESENTED BY: Ethics & Professional Compensation Committee On Oct. 2, 2014, the U.S. Supreme Court granted certiorari in Baker Botts LLP v. ASARCO LLC, No. 14-103. Baker Botts, which represented debtor-in-possession ASARCO LLC in one of the largest and most complex chapter 11 bankruptcy cases ever, obtained a fee award from the bankruptcy court of $113 million for fees and costs, $4.1 million as an enhancement, and $5 million for defending its fee application. On appeal, the Fifth Circuit Court of Appeals reversed the $5 million award for defense of the fee application. Citing In re Pro-Snax Distributors Inc., 157 F.3d 414 (5th Cir. 1998), and Bankruptcy Code § 330(a)(3), (4) and (6), the Fifth Circuit held that compensation for defending fee applications was not allowable where the services provided were not likely to benefit the debtor’s estate or necessary to the administration of the estate. The ruling deviates from prior Ninth Circuit rulings. Would a ruling barring professionals from being compensated for successfully defending against challenges to their fees give too much leverage to the fee examiners and other parties willing to use the adversary process? In this 75-minute webinar, two seasoned bankruptcy attorneys will debate this hotly contested issue, moderated by an experienced U.S. Bankruptcy Judge. The Supreme Court’s ruling on this matter could have a major impact on bankruptcy practitioners nationwide. SPEAKERS Thomas J. Salerno Gordon Silver Phoenix, AZ J. Maxwell Tucker Squire Patton Boggs (US) LLP Dallas, TX Hon. Gregg W. Zive U.S. Bankruptcy Court (D. Nev.) Reno, NV

This panel will discuss who can get paid, for what, and why.

Chapter 13 practice is complicated, and the days when a debtor’s 13 plan was quickly confirmed are few and far between. In addition to proposing confirmable chapter 13 plans, debtors’ attorneys (and in some cases chapter 13 trustees) are litigating defective mortgage claims and contentious objections to confirmation. How can debtors’ counsel ensure that they are compensated for these complicated cases that not only sit on the bankruptcy court’s docket, but often end up on appeal? This panel will discuss the challenges and practicalities of compensating chapter 13 debtors’ counsel in this ever-evolving area of bankruptcy law.

The workshop features Chief Bankruptcy Judges Dennis R. Dow (W.D. Mo.), C. Ray Mullins (N.D. Ga.), Brendan Linehan Shannon (D. Del.), Cecilia G. Morris (S.D.N.Y), and Barbara J. Houser (N.D. Tex.), who will discuss recent circuit splits and hot topics, including the application of the absolute priority rule in individual chapter 11 cases, artificial impairment, structured dismissals, intellectual property licenses, equitable disallowance and § 502(d) issues, and more.

The workshop features Chief Bankruptcy Judges Dennis R. Dow (W.D. Mo.), C. Ray Mullins (N.D. Ga.), Brendan Linehan Shannon (D. Del.), Cecilia G. Morris (S.D.N.Y), and Barbara J. Houser (N.D. Tex.), who will discuss recent circuit splits and hot topics, including the application of the absolute priority rule in individual chapter 11 cases, artificial impairment, structured dismissals, intellectual property licenses, equitable disallowance and § 502(d) issues, and more.

The workshop features Chief Bankruptcy Judges Dennis R. Dow (W.D. Mo.), C. Ray Mullins (N.D. Ga.), Brendan Linehan Shannon (D. Del.), Cecilia G. Morris (S.D.N.Y), and Barbara J. Houser (N.D. Tex.), who will discuss recent circuit splits and hot topics, including the application of the absolute priority rule in individual chapter 11 cases, artificial impairment, structured dismissals, intellectual property licenses, equitable disallowance and § 502(d) issues, and more.

The workshop features Chief Bankruptcy Judges Dennis R. Dow (W.D. Mo.), C. Ray Mullins (N.D. Ga.), Brendan Linehan Shannon (D. Del.), Cecilia G. Morris (S.D.N.Y), and Barbara J. Houser (N.D. Tex.), who will discuss recent circuit splits and hot topics, including the application of the absolute priority rule in individual chapter 11 cases, artificial impairment, structured dismissals, intellectual property licenses, equitable disallowance and § 502(d) issues, and more.