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ABI Journal

Ethics And Professional Compensation Committee

ethics-and-professional-compensation

Judge Rodriquez of the U.S. Bankruptcy Court for the Southern District of Texas issued an opinion in December 2024 which reinforced the axiom that actions have consequences.[1] In re Garcia Grain Trading Corp. v.

Professionals seeking to be retained in bankruptcy cases understand the importance of disclosing and avoiding conflicts as a retention condition.[1] A recent unpublished decision by the United States Bankruptcy Court for the Northern District of Texas[2] highlights that even after a professional is retained in

Recently, Hon. Christopher G. Bradley, sitting in the U.S. Bankruptcy Court for the Western District of Texas (Austin), explored the scope of the bankruptcy court’s oversight when a chapter 11 debtor in possession (DIP) needs to retain counsel to pursue its own interests separate from those of the bankruptcy estate.[1]

The first step you take as an attorney may be to bring in a new matter, but the essential second step is to ensure that the representation is proper.[1] Accordingly, it is important to understand the requirements of the Bankruptcy Code and other guidelines relating to disclosures, conflicts and, ultimately, retention.

Co-Chairs Corner

The Ethics and Professional Compensation Committee had another successful year in 2024. Our activities continued to keep our members and the insolvency community apprised of relevant recent developments and hot topics while also offering fun and beneficial social and networking opportunities.

With the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) came numerous amendments to the U.S.

Getting paid in a consumer bankruptcy practice can feel like nighttime in Westeros: dark and full of terrors. [1]

Co-Chairs’ Corner

The Ethics and Professional Compensation Committee had a tremendous 2023! We strived to continue to provide our members with enlightening and useful substantive information, while also offering enjoyable and valuable social and networking opportunities.

The Small Business Reorganization Act of 2019, also known as SBRA (Pub. L. No. 116-54), became effective on Feb. 19, 2020. This legislation allows a small business debtor to choose, during the filing process, to proceed under subchapter V within chapter 11.

Increasingly, consumer bankruptcy lawyers will be using AI in the future. It therefore is incumbent upon them to develop procedures and policies for its use and in billing for such services. Doing so will be a combination of art and science controlled by both ethical and practical considerations.

This panel discusses ethical concerns relating to employing professionals in bankruptcy matters, including disclosure obligations under ethics rules, the Bankruptcy Code and U.S. Trustee guidelines.

This session will provide an overview of recent high-profile cases, including those of FTX, Kenneth Chesebro, Rudy Giuliani and Judge David R. Jones, and discuss the ethical issues raised, including the limits of advocacy, responsibility of the profession, duty of candor and truthfulness, prohibition on assisting in criminal activity, and the duty to report professional misconduct.

This panel will consider ethical issues in real estate bankruptcies involving candor to the court as to out-of-court happenings, considerations for debtor’s counsel and advisors in parsing entity vs. guarantor, and other insider issues.

This panel will focus on disputes regarding engagement as counsel and payment of fees. The panel will cover such issues as unbundling of services, bifurcated fee arrangements and conflicts of interest. The panelists also will discuss a number of ethical issues that have arisen in recent cases.

Panelists will discuss ethical issues relating to due diligence and debtor and creditor actions online as well as practice pointers for engaging in social media.

Hosted by the Ethics and Professional Compensation and Commercial and Regulatory Law Committees Social media and privacy are areas of opportunity — and concern. Today’s law practice requires that care be taken in both areas. This panel will explore the impact of privacy and social media issues on security, ethics and compensation.

This panel hosted by Ethics & Professional Compensation and Technology & Intellectual Property Committees will navigate the use and impact of the media in any bankruptcy case can pose challenging ethical dilemmas that are only exacerbated in highprofile cases. The panelists will explore these issues and share some of their personal insights and stories.

Beware of the Traps: Ethical and Fiduciary Issues for Committee Members and Professionals

Trustee Selection in Commercial Bankruptcy Cases: Who Wins the Battle to Control the Estate?

Leanne McKnight Prendergast

Leanne McKnight Prendergast

Co-Chair

Jacksonville, FL

Pierson Ferdinand LLP

(904) 479-6612

Adam D. Herring

Adam D. Herring

Co-Chair

Atlanta, GA

Nelson Mullins Riley & Scarborough, LLP

(404) 322-6143

Hayley J. Franklin

Hayley J. Franklin

Education Director

Baton Rouge, LA

Stewart Robbins Brown & Altazan

(225) 571-8414

Angela M. Scott

Angela M. Scott

Membership Relations Director

Jacksonville, FL

Douglas W. Neway, Standing Chapter 13 Trustee

(904) 358-6465

Alex S. Chang

Alex S. Chang

Newsletter Editor

Salt Lake City, UT

Parsons Behle & Latimer

(801) 536-6788

B. Summer Chandler

B. Summer Chandler

Special Projects Leader

Baton Rouge, LA

Louisiana State University Paul M. Hebert Law Center

(404) 307-2754

Amy A. Quackenboss

Amy A. Quackenboss

Executive Director

Alexandria, VA

American Bankruptcy Institute

(703) 739-0800

Karim Guirguis

Karim Guirguis

Staff

Alexandria, VA

American Bankruptcy Institute

(703) 739-0800

Chris S. Thackston

Chris S. Thackston

Staff

Alexandria, VA

American Bankruptcy Institute

(703) 739-0800

Carolyn M. Kanon

Carolyn M. Kanon

Staff

Alexandria, VA

American Bankruptcy Institute

(703) 739-0800

Jourdana Claibourn

Jourdana Claibourn

Staff

Alexandria, VA

American Bankruptcy Institute

(703) 739-0800

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