Ethics

Supreme Court Seems Disinclined to Pay Refunds for Overpayment of U.S. Trustee Fees

Several justices seemed to believe that ‘prospective relief’ is sufficient to remedy the due process violation because the alternatives are ineffective.

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.

During 2023, our committee offered a wide variety of opportunities for ABI members to learn about timely and interesting issues facing professionals in the bankruptcy arena.

No Vote, No Problem — Right? Novel Ethical Implications of a Subchapter V Bankruptcy Nonconsensual Plan

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.

Practical Overview of Lawyers’ Use of AI and Billing

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. Because its use is in an embryotic phase, standards are still being developed, and the area is plagued by a dearth of both case law and statutory guidelines. Practitioners also have to be cognizant that AI is a rapidly and ever-changing tool characterized by advances made on a constant basis.

Artificial Intelligence

how this technology may aid in various aspect of the bankruptcy practice (consumer, business, sales, cases with large number of claims, etc.) and ethical concerns. Other Denise Barnett Denise_Barnett@tnwb.uscourts.gov United States Bankruptcy Judge Western District of Tennessee (Memphis)

With Reservations, a Chapter 11 Debtor with No Financial Distress Avoids Dismissal

Bankruptcy Judge Whitley says that a no-opt-out plan for a solvent debtor might violate creditors’ due process and jury trial rights.

Duty of the Bar to Protect Judges

I have been thinking about this issue since Purdue and also what I saw in LTL in terms of sanctionable conduct with letters and pleadings from lawyers who should know better. I think it is part of a general decline in ethics and professionalism that includes less candor with, and more lying to, courts, including everything from misciting authority to false statements of fact. Open disrespect seems at a historic level. I think it is time for a high level panel/program on the subject. [FROM BOB KEACH] Other Suggested Speakers Amy Quackenboss aquackenboss@abi.org ABI