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Bankruptcy Retention Ethics: Recent Developments

Gain an understanding of how the bankruptcy rules relating to disinterestedness and disclosure have evolved in light of recent developments.

Many attorneys recognize a dynamic tension among the conflict rules which govern attorney conduct and the fundamental ability to earn a living by accepting new clients and new business. To complicate matters further, the standards applied to resolving conflicts of interest, as well as adequately disclosing such conflicts, are constantly evolving. This topic will guide professionals through recent ethical developments that should be considered when applying for retention.

92 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview

  • Model Rules of Professional Conduct
  • Dual Requirements: No Adverse Interest and Disinterested Person
  • Imputation and Disqualification
  • Obtaining Valid Consent

Retention and Solicitation

  • Improper Solicitation - In Re Universal Building Products and Progeny
  • Changes to Interest Forms and ABI Task Force Proposed Amendments
    • Changes to Questionnaire for Committee of Unsecured Creditors
    • ABI Task Force Suggestions on Solicitation and Rule 2014

Adequacy of Disclosure

  • Mckinsey Litigation
    • Balancing Client Confidentiality With Rule 2014's Disclosure Requirements
    • Who Has Standing to Object
  • Acquisitions of Potentially Adverse Interests - In Re Nnn 400 Capital Center 16, LLC

Conflicts of Interest

  • 'Sleeping With the Enemy' - In Re Caesar's Entertainment Operating Co., Inc.
  • Fee Splitting Arrangements - In Re Nnn 400 Capital Center 16, LLC
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on May 10, 2021.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5 including Ethics 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education, including 1.50 hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5 including Ethics 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours' credit, including 1.5 hours of ethics credit.
     
  • AR CLE 1.5 including Ethics 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board, including 1.50 hours of ethics credit.
     
  • Arizona CLE 1.5 including Ethics 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.50 hours of professional responsibility.
     
  • CA MCLE 1.5 including Ethics 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes 1.50 hours of ethics credit.
     
  • CT CLE 1.5 including Ethics 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s) including 1.50 hour(s) of ethics credit.
     
  • HI CLE 1.5 including Ethics 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours including 1.50 ethics credit hours.
     
  • IL CLE 1.5 including Legal Ethics 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board. The Illinois Commission on Professionalism has also approved this course for the following credit: Legal Ethics for 1.50 hours.
     
  • MN CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.5 hours of credit, including 1.50 hours of ethics credit.
     
  • MS CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours, including 1.5 hours of ethics credit.
     
  • ND CLE 1.5 including Ethics 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
     
  • NH MCLE 1.5 including Ethics 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for 91 minutes of ethics credit.
     
  • NJ CLE 1.8 including Ethics 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit. Of these, 1.8 qualify as hours of credit for ethics/professional responsibility.
     
  • NM CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 1.5 hours of ethics credit.
     
  • NY CLE 1.5 including Ethics and Professionalism 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Ethics and Professionalism for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.5 including Ethics 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours including 1.50 hours of ethics, professionalism or substance abuse CLE credit.
     
  • RI CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
     
  • TN CLE 1.52 including Dual 1.52
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.52 hours of credit, including 1.52 hours of dual credit.
     
  • UT CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours, including 1.50 hours of ethics credit.
     
  • VT CLE 1.5 including Ethics 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit including 1.50 hour(s) of ethics credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit, including 1.50 hours of ethics credit.
     
  • WV MCLE 1.8 including Ethics 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours, including 1.8 hours of ethics credit.
     
  • NALA 1.52 including Ethics 1.52
     
  • This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements. Program Length: 1.52 hour(s) including 1.52 hour(s) of ethics credit.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • AK CLE 1.5 including Ethics 1.5
     
  • Arizona CLE 1.5 including Ethics 1.5
     
  • CA MCLE 1.5 including Ethics 1.5
     
  • CT CLE 1.5 including Ethics 1.5
     
  • HI CLE 1.5 including Ethics 1.5
     
  • MO CLE 1.8
     
  • NJ CLE 1.8 including Ethics 1.8
     
  • NM CLE 1.5 including Ethics 1.5
     
  • NY CLE 1.5 including Ethics and Professionalism 1.5
     
  • UT CLE 1.5 including Ethics 1.5
     
  • VT CLE 1.5 including Ethics 1.5
     
  • WA CLE 1.5 including Ethics 1.5
     
  • WV MCLE 1.8 including Ethics 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Harley J. Goldstein, Esq.

Harley J. Goldstein, Esq.

Goldstein & McClintock LLLP

  • Chairman of Goldstein & McClintock LLLP, a boutique law firm comprised of approximately 25 professionals and 8 offices around the country
  • Represents secured creditors, unsecured creditors, debtors, committees, bondholders, trustees, equity security holders, and other parties in all transactional and litigation aspects of bankruptcy cases; he also represents lenders and borrowers in out-of-court operational and financial restructuring matters; and has represented various clients with respect to debtor-in-possession financing and cash collateral agreements, sales of assets in bankruptcy, reorganization plan structuring and confirmations, multinational insolvency proceedings, motions for relief from the automatic stay, dischargeability litigation, fraudulent conveyance and preference litigation, and other issues
  • Noted for his skill as counsel in some of the nation’s highest profile corporate insolvency proceedings, was profiled as one of 40 Illinois Attorneys Under 40 to Watch by the Law Bulletin Publishing Company (publisher of Chicago Daily Law Bulletin and Chicago Lawyer), in which he was praised for his creative application of the Bankruptcy Code to accomplish his clients’ goals, at the time he received this award, he was 32-years-old – the youngest age of any recipient of that accolade for the year in which he received the honor; in addition, he was named as a Rising Star in the Illinois Super Lawyers magazine (from the publishers of Law & Politics and Chicago magazine) every single year of his eligibility since the award's inception; he was also bestowed with a Transaction of the Year award in 2009 by the Turnaround Management Association’s Chicago/Midwest chapter, a Corporate Turnaround of the Year award in 2015 by Turnaround Atlas Awards, and a Corporate Turnaround of the Year award in 2015 by the Turnaround Management Association’s Chicago/Midwest chapter; has received dozens of “Lawyer of the Year” awards from numerous periodicals, and has been ranked by Chambers USA, citing a client’s report that he "possesses the rare combination of a thorough command of the law and a high level of business acumen"
  • Prior to forming Goldstein & McClintock LLLP in order to build the most exclusive restructuring law boutique in the nation and to facilitate a broader practice free of the constraints of large-firm conflicts, he was an Equity (Senior) Partner at K&L Gates, LLP, one of the largest international law firms comprised of approximately 2,000 attorneys around the globe, where he led the Chicago office's bankruptcy and restructuring group; prior to its merger with K&L Gates, he served as national chair of the Bankruptcy and Restructuring Department of Bell, Boyd & Lloyd LLP, a coast-to-coast law firm and one of Chicago's oldest legal institutions; prior to practicing, he served as law clerk to the Honorable Erwin I. Katz, U.S. Bankruptcy Judge for the Northern District of Illinois
  • Lectures regularly for numerous nationally prominent organizations, where he has presented a variety of educational programs on bankruptcy law and procedure, creditors' rights, distressed acquisitions, distressed real estate, fraud and fraudulent transfer litigation, Ponzi schemes, debt collection, bankruptcy law amendments, and internet issues; for many years, he also taught an introductory seminar to incoming law students at various local law schools as part of a program sponsored by the Chicago Lawyers’ Committee for Civil Rights Under Law, Inc., a nonprofit legal advocacy, and services organization working on issues that affect poor and minority communities
  • Frequently writes about bankruptcy law topics and is often quoted regarding large bankruptcy proceedings; most recently, he authored a chapter entitled “The Business of Bankruptcy: Realizing Restructuring Objectives Through Strategic Ingenuity” in the book Bankruptcy and Restructuring Strategies, published by Aspatore Books as part of its “Inside the Minds” series; in addition, among the articles he has authored himself or in collaboration are: “Tips and Traps For Landlords under New Bankruptcy Amendment,” published in The Newsletter of Corporate Renewal; “Can Ipso Facto Clauses Resolve the Discharge Debate? An Economic Approach to Novated Fraud Debt in Bankruptcy,” published in the DePaul Business and Commercial Law Journal; “Spending Other People’s Money: Creditors’ Remedies for the Misuse of Cash Collateral in Bankruptcy,” published in the University of Miami Business Law Review; and a series of articles regarding cutting-edge internet law issues
  • In addition to being active in various industry and charitable organizations, he previously served as President of the Midwest Chapter of the Commercial Finance Association; moreover, he served the organization as a director for three years, as an officer for approximately six years, and as general counsel for over three years; he was the first and only practicing attorney to sit on its board of directors; and he was honored with an award in 2019 for his outstanding contributions to the organization; he is also a member of the Chicagoland chapter of the Young Presidents' Organization (YPO), the premier leadership organization of more than 26,000 chief executives in over 130 countries, whose member-run companies employ 21 million people and generate $9 trillion in annual revenues; YPO members harness the knowledge, influence, and trust of the world’s most influential and innovative business leaders to inspire business, personal, family, and community impact
  • Can be contacted at 312-337-7700 (Chicago Office), 212-203-5940 (New York Office), [email protected] or www.restructuringshop.com
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 407403
Published 2021
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