2015 Northeast Consumer Forum, 2014

NO CLE - Sayeth the Lawyer, “I Will Do This, But Not That”: The Ethical Implications of Limited Representation

State courts are increasingly relaxing their rules to allow attorneys to provide a-la-carte services to parties in cases appearing before them. However, bankruptcy courts have been reluctant to do so. Is it because the Bankruptcy Code is so complicated? Or is it because what is good for parties in state court is not good for those in bankruptcy court? This panel of experts will examine whether counsel can provide limited representation services to parties in bankruptcy matters and maintain their ethical obligations to the client.

Free Session

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NO CLE - What Lurks in Them There Cases?

How can you best advise a client who is unsure whether the stay or the discharge applies? How can you protect a debtor’s benefits offered by the automatic stay and the discharge? Stay violation litigation and discharge analysis are just two of the topics that this expert panel will examine.

Free Session

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NO CLE - A Plan to Get Paid: Debtors’ Counsel’s Fees in Chapter 13

Chapter 13 practice is complicated, and the days when a debtor’s 13 plan was quickly confirmed are few and far between. In addition to proposing confirmable chapter 13 plans, debtors’ attorneys (and in some cases chapter 13 trustees) are litigating defective mortgage claims and contentious objections to confirmation. How can debtors’ counsel ensure that they are compensated for these complicated cases that not only sit on the bankruptcy court’s docket, but often end up on appeal?

Free Session

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NO CLE - Does This Look Defective?

More and more litigation is emerging over the sloppy practices that were rampant during the real estate boom. Defective mortgages, flawed trusts and faulty deeds have all produced much litigation, but how can you tell if there is really a defect that you can either make a case out of, or need to protect your client from? In this practical and hands-on program, attendees will examine at least 10 different documents, all based on real cases, that demonstrate the defects that counsel need to not only be aware of, but to actually look for.

Free Session

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NO CLE - The Ethical Duty of Investigation: Does It Reach into Social Media?

Parties can view social media as a treasure-trove of information: Does a debtor discuss assets on Facebook that are not found on the schedules? Do parties make statements in their online posts that conflict with legal positions they are taking in bankruptcy court? Does the ethical duty of a reasonable investigation encompass an obligation to investigate a client’s social media activity? This panel of experts will review the ethical obligations of investigating social media websites of clients and parties, and what may — and in some cases, must — be done to remain zealous advocates.

Free Session

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NO CLE - Plug In: Electronic Evidence in Bankruptcy Cases

Texts, IMs, emails and metadata might contain information that could be helpful — or could be harmful to your client’s claims. You might want to obtain that information from your adversary, but you will undoubtedly also want to see your own client’s information before your adversary does. Where do you look? This expert panel will discuss and debate the myriad electronic discovery issues that exist and the challenges facing parties in bankruptcy cases, including asserting and avoiding claims of spoliation. It is a discussion you will want to be a part of — before your client hits “DELETE.”

Free Session

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