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.
Ethics And Professional Compensation Committee
Committees
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.
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.
![Photo of Noel S. Melancon [1]](https://abi-org-corp.s3.amazonaws.com/committee/Authors/Noel_Melancon.jpg)
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]
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.
![Photo of Elias Marwan Yazbeck [1]](https://abi-org-corp.s3.amazonaws.com/committee/Authors/Elias_Yazbeck_0.jpg)
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.
Sat, 2025-04-26
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.
Sat, 2024-12-14
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.
Fri, 2024-04-19
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.
Mon, 2023-04-24
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.
Tue, 2019-11-12
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.
Fri, 2017-12-01
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.
Sat, 2017-04-22
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.
Fri, 2016-04-15
Beware of the Traps: Ethical and Fiduciary Issues for Committee Members and Professionals
Fri, 2015-04-17
Trustee Selection in Commercial Bankruptcy Cases: Who Wins the Battle to Control the Estate?
Mr. Adam D. Herring
Co-Chair
Nelson Mullins Riley & Scarborough, LLP
Atlanta, GA
(404) 322-6143
Co-Chair
Nelson Mullins Riley & Scarborough, LLP
Atlanta, GA
(404) 322-6143
Ms. Leanne McKnight Prendergast
Co-Chair
Pierson Ferdinand LLP
Jacksonville, FL
(904) 479-6612
Co-Chair
Pierson Ferdinand LLP
Jacksonville, FL
(904) 479-6612
Ms. Angela M. Scott
Membership Relations Director
Douglas W. Neway, Standing Chapter 13 Trustee
Jacksonville, FL
(904) 358-6465
Membership Relations Director
Douglas W. Neway, Standing Chapter 13 Trustee
Jacksonville, FL
(904) 358-6465
Alex S. Chang
Newsletter Editor
Parsons Behle & Latimer
Salt Lake City, UT
(801) 536-6788
Newsletter Editor
Parsons Behle & Latimer
Salt Lake City, UT
(801) 536-6788
Ms. B. Summer Chandler
Special Projects Leader
Louisiana State University Paul M. Hebert Law Center
Baton Rouge, LA
(404) 307-2754
Special Projects Leader
Louisiana State University Paul M. Hebert Law Center
Baton Rouge, LA
(404) 307-2754