Ethics

Ethical Issues Facing Restructuring Lawyers

Ethics Issues for Consumer Attorneys

Ethics and the Means Test

With the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) came numerous amendments to the U.S. Bankruptcy Code.  Of great significance was the inclusion of a calculation of monthly income required for individual consumer debtors to determine their eligibility for relief under chapter 7 of the Bankruptcy Code, commonly referred to as the “means test,” and provided for in 11 U.S.C. § 707(b)(2)(A) and (B).

Square Pegs in Round Holes: Chapter 7 Debtors in Chapter 13 Cases

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

A Partial Ethical Wall Didn’t Give Rise to Disinterestedness, Judge Kenney Said

Expedience is no substitute for disinterestedness when it comes to retention of a chapter 11 debtor’s general counsel.

First Nixing $240,000 for Contempt, Fifth Circuit Approves $450,000 for Civil Contempt

Having previously set aside a $240,000 sanction as criminal contempt, the Fifth Circuit affirmed $450,000 in civil contempt against the same contemnor in the same bankruptcy case.

Working with Local Counsel in Chapter 11 Cases

Parties in large, complex bankruptcy cases routinely retain local counsel when that party's primary counsel has no office or attorneys licensed in a particular venue. Local counsel can provide critical support in these cases--to creditors, committees, groups, and debtors--including having local knowledge, well-formed relationships in the venue, and familiarity with other professionals and the court.

But hiring local counsel can present myriad issues with retention, compensation, and, in particular, ethics. Many courts have strict rules on hiring local counsel, including some jurisdictions that require local counsel to play a substantive role in the case (as opposed to simply signing/filing pleadings), including attending all depositions and hearings. There may be many landmines waiting for both local and outside counsel, depending on the jurisdiction.

This panel would discuss the benefits of local counsel, things to avoid, and ethical/compensation related issues. The panel could consist of an attorney that often serves as local counsel, an attorney that often hires local counsel as outside counsel, and a judge that frequently sees retention of local counsel (to provide that judge's views on what works, what doesn't, and things to avoid). This panel would discuss the benefits of local counsel, things to avoid, and ethical/compensation related issues. The panel could consist of an attorney that often serves as local counsel, an attorney that often hires local counsel as outside counsel, and a judge that frequently sees retention of local counsel (to provide that judge's views on what works, what doesn't, and things to avoid). Business Tim Anzenberger tim.anzenberger@arlaw.com Adams and Reese LLP

Ethics: What Happens When Our Clients Are Less than Forthcoming/ Don’t Tell the Truth