Professional Compensation/Fees

Does an approved fee application shelter counsel from malpractice claims brought by the client? If it does, how do you advise your client about how the application and its approval affects a client’s future claim against you? Does asking for it to be paid pit you against your client and create an unavoidable conflict of interest? Get the tools to navigate these murky ethical considerations.

This is a subject none of us can afford to ignore: the ins and outs of being retained and paid by the bankruptcy estate. Panelists will discuss recent issues and developments in the area of professional retention and compensation, including a look at the U.S. Trustee Guidelines in practice, recent conflict-of-interest decisions and thoughts on best practices.

Equal Monthly Payments; Consequences of Surrender and Pay Direct; Rule 3001(c) issues; Fee-Shifting under Rule 3002.1; Circuit Splits on Service of Objections to Claims and Bar Dates for Secured Creditors; Unscheduled Claims

This topic will focus on minefield issues for attorneys in chapter 13 who wish to get paid for their work pre- and post-confirmation. How does Harris v. Viegelahnapply? What happens if a chapter 13 case is converted after there is an outstanding fee award? What if a chapter 13 case is dismissed after an outstanding fee award? Can a debtor’s attorney preemptively contract to deal with Harris issues in the original retention agreement signed pre-petition?

This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country. The judges will share their thoughts and perspectives, as well as take questions from the audience, on topics of current interest in both business and consumer cases.