Ethical Rules and Pitfalls: What Every Bankruptcy Professional Needs to Know

Production Date: February 07, 2017 Practice Areas: Ethics and Bankruptcy & Restructuring Estimated Length: 5709 minutes


$ 89 Ethics and Bankruptcy & Restructuring In Stock

Bankruptcy practice can be an ethical minefield for attorneys who practice bankruptcy law, and there are many traps for the unwary. In addition to state ethics rules, regulations, and caselaw that apply to all attorneys, attorneys who practice in the bankruptcy field must comply with the conflicts rules and other ethical rules that are specific to bankruptcy practice.  For example, the Bankruptcy Code and Bankruptcy Rules impose “disinterestedness” and disclosure requirements on estate professionals that are not found outside of the bankruptcy space. In addition, attorneys who represent individual debtors in consumer bankruptcy cases are subject to specific rules and regulations.

This course, presented by Stephen Basedow of the Law Office of Simon Goldenberg, PLLC and Michael J. Riela of Tannenbaum Helpern Syracuse & Hirschtritt LLP, addresses the ethical rules that business and consumer bankruptcy attorneys must know to protect their client relationships, their fees and their professional reputations.

Learning Objectives: 

  1. Identify retention/disinterestedness issues in business cases, such as representing multiple debtors, representing closely-held companies, connections with the debtor’s management, and connections with creditors
  2. Understand the methods to cure potential conflicts issues, such as waivers and consents, walls, employment of conflicts counsel, and waivers of pre-petition claims
  3. Articulate the disclosure requirement of the 2014 Bankruptcy Rule and understand recent case law involving non-existent, incomplete or inaccurate disclosures by estate professionals
  4. Identify acceptable fee arrangements in consumer cases, including the unbundling of fees
  5. Understand the ethical issues relating to pre-bankruptcy “asset protection” planning

Paul Anthony L.
Spring, TX

Great presenters and great content.

Neil M.
Naples, FL

Very informative.

Gerardo G.
Miami, FL

Presenters worked well together

Timothy H.
Sebastopol, CA

I enjoyed this presentation. It was very informative.

Lourdes G.
Miami, FL

Good info, well done. Kudos.

Robert L.
Sarasota, FL

This is excellent for a young law new to the special rules governing bankruptcy proceedings. Mostly, it was about "full disclosure" which is beat into lawyers' heads while still in law school. I've practiced in both Philadelphia, PA and now in Florida since 1970. So, for me, and I guess other experienced practitioners, the tough issues arise when you have an individual client whose company - wholly-owned or not, files for bankruptcy. There, more often than not the individual is a substantial creditor of the bankrupt company. Here is where the ethical problems arise, Who is your client? And when you need to choose only one to represent given the potential conflicts of interest. No one wants to recommend to a long standing client to secure new counsel. On this and other such thorny practical issues that can get one disbarred, the course was generally silent. Labeling the course as a beginner's guide through the ethical pitfalls of bankruptcy would help identify who could benefit from the course.

Claude A.
Oakland, CA

Excellent refresher!

Robert M.
lakeland, FL

First rate bankruptcy presentation concerning ethical issues and concerning pre-bankruptcy planning

Chris K.
Houston, TX

A good presentation.

Joseph M.
Syracuse, NY

Both did a good job of making the appropriate warnings about traps for the unwary

Bethanne H.
Manhattan, NY

Very detailed, an excellent presentation.

Gary T.
Jacksonville, FL

Well Done.

Donald S.
San Angelo, TX

Well done. Highly recommend.

Linda B.
Weston, CT

Good speakers

Julie A. B.
Hiles, WI

Well-informed speakers supply significant practice pointers for business and consumer bankruptcy attorneys so they can dodge any ethical minefields and duck traps for the unwary all while protecting their client relationships, fees and professional reputations.

jay s.
Merrick, NY

Very informative. Quality Staff.