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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
1 hour 3 minutes 10 seconds

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.