2021, 2021 NCBJ in Indianapolis

Many debtors cannot afford to pay Ch. 7 fees in full in advance of filing. This leads to perverse outcomes for debtors, including the common filing of Ch. 13 cases solely to obtain a stay while paying counsel’s fees over time or not filing a needed bankruptcy. Courts across the country are adopting local rules allowing prepetition agreements to render services post-petition for payments to be made post-petition. Many courts do not allow this. What is appropriate?

While some of us choose to live in denial, the Federal Rules of Evidence are not optional, as they represent one of the foundational pillars of any successful insolvency practice. This program will explore some of the more complex evidentiary issues confronted by insolvency professionals. The program is designed to provide an interactive format through discussion, debate, polling, and ultimately, observations from the Oracle of Evidence herself.

Resolution of important issues in bankruptcy occasionally depend on which Circuit the case is pending. In this session, a panel of three preeminent judges will hear arguments by three sets of outstanding advocates on important topics where the Circuits are divided.

This program will use clips from movies to identify ethical issues that arise during bankruptcy proceedings. Attendees will be encouraged, including using de minimis prizes, to participate in a discussion about circumstances in which these ethical issues arise, their potential impact on bankruptcy proceedings and how to deal with them constructively and productively.

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Beyond discussing issues related to systemic bias, this panel will discuss approaches to challenging the status quo and addressing issues of diversity and inclusion. The panel of experts will provide attendees concrete, actionable knowledge on how to approach creating a welcoming workplace. Attendees will leave the session ready to use this knowledge to jumpstart their own efforts to enhance their workplace diversity, or to contribute to the firm’s existing diversity and inclusion efforts.