Best Practices in Client Advocacy: From Beginning to Bitter End
Chapter 7 Breakout
Speakers:
Chapter 7 Trustee: Joseph A. Baldi, Moderator
Baldi Berg & Wallace, Ltd.; Chicago
U.S. Trustee’s Office: Jeffrey S. Snell
Office of the U.S. Trustee; Chicago
Client Advocate: Barbara L. Yong
Golan & Christie, LLP; Chicago
Chapter 13 Breakout
Speakers:
Client Advocate: Nathan E. Curtis, Moderator
Geraci Law L.L.C.; Chicago
U.S. Trustee’s Office: M. Gretchen Silver
Office of the U.S. Trustee; Chicago
Chapter 13 Trustee: Glenn B. Stearns
Chapter 13 Trustee; Lisle, Ill.
Creditor Breakout
Speakers:
Berton J. Maley, Moderator
Codilis & Associates, P.C.; Burr Ridge, Ill.
Amy A. Aronson
Aronson & Walsh, PC; Vernon Hills, Ill.
Cari A. Kauffman
Manley Deas Kochalski, LLC; Chicago
Second City Improvisational Debates
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
ABI-Live: Supreme Court and Lawyers Fees: ASARCO and PRO-SNAX
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
America Now!
A panel of eminent U.S. professionals will discuss current trends in U.S. insolvencies and restructurings, explore current legislation, comment on developments in the financial sector for distressed lending, and highlight any emerging trends.
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