Professional Compensation/Fees

Finally, you think you have the case of your dreams. How do you manage to navigate employment before the bankruptcy court? How do you ensure that you get paid and that neither you nor your client do anything to jeopardize your fees or your reputation? Join this discussion with an esteemed panel and numerous bankruptcy judges in breakout rooms as we discuss the often-confusing ethical issues that present themselves in employment.

Alix v. McKinsey
Resolved: A financial advisor is required to disclose all connections, including the connections of its affiliates, when filing an application to be employed with the Court.

The Ethical Response to Client Misconduct
Resolved: If a client either refuses to comply with an obligation imposed by the Bankruptcy Code or Rules, or insists on taking action prohibited by the Code or Rules, the client’s attorney must file a motion to withdraw from representing the client and must disclose the disagreement regarding the client’s legal obligations.

This panel will discuss attorneys’ fee and sanction topics, including involuntary-proceeding issues.

This panel will analyze the instances over the last few years where creditors have brought challenges to estate professional fees, focusing on Pillowtex, retainers and other objections. How can professionals protect themselves when they are well into a case?

This panel will discuss the use of third-party litigation financing in bankruptcy and in litigation and liquidation trust matters, and will address such issues as the different causes of actions and general characteristics of litigation considered, uses for funds and the general structure of financing, ethical issues concerning the funder relationship, and examples of successful uses of litigation financing — as well as things that can go wrong and how to avoid them.