Ethics

Co-Chairs Corner

The Ethics and Professional Compensation Committee had an active 2021, and we are excited to carry that energy into 2022.

Last year, the committee paired with the Mediation Committee at the Annual Spring Meeting to put on When Mediation Gets Messy: Ethical Dilemmas. This panel addressed hypothetical mediation scenarios, including situations raising difficult ethics questions. The panel was well attended and enjoyed by all.

Uncommon and Controversial, Are Post-Petition Retainers Authorized Under the Bankruptcy Code?

Bankruptcy courts have not always favored post-petition retainers to debtor’s counsel. [1] But does the Bankruptcy Code prohibit them? That is exactly the question Judge David D. Cleary answered in In re Golden Fleece Beverages Inc., in which he held that the Code indeed supports post-petition retainers. [2]

Fifth Circuit Clarifies Scope of Permissible Compensation of Estate Professionals Under 11 U.S.C. § 330(a)

On January 14, 2022, a three-judge panel of the Fifth Circuit in In the Matter of Sharon Sylvester (Sylvester vs Chaffe McCall LLP) held that a trustee’s attorney is entitled to compensation under Bankruptcy Code § 330(a) “only for services requiring legal expertise that a trustee would not generally be expected to perform without an attorney’s assistance.” [1]

Bankruptcy Courts Have ‘Core’ Power to Order Fee Disgorgement, Third Circuit Says

Being seen at bar events in the company of those who appear in court doesn’t show judicial bias.

Ethics: Who Is My Client, Anyway?

Examining Venue, Ethics and Bad-Faith Issues in 2020/2021 Bankruptcy Filings

Whoops! Ethics Issues Ripped from the Headlines: Recent Attorney Faux Pas

Contempt Under Rule 9011, Section 105(a) and Inherent Authority Isn’t Interchangeable

The Ninth Circuit BAP explained the differences between contempt under Rule 9011, Section 105(a) and inherent authority.