Overview
Bankruptcy is a specialized practice quite different than typical litigation. In general litigation, secrecy and limited disclosures are the norm. However, the filing of a bankruptcy and one’s involvement in it, either as a debtor, professional or even creditor, requires specific and often extensive disclosures to protect the interests of the estate and the integrity of the bankruptcy process. Failing to properly understand the disclosure requirements may have significant consequences that may bar compensation or recovery on your claims, or may even result in sanctions or criminal charges. This OnDemand Webinar will cover the need for disclosure, the contents of any disclosures and the consequences of that disclosure or failure to disclose. This program is critical for those who are beginning to find themselves involved in more bankruptcy cases, but uncertain of their obligations.
Authors
Gus Kallergis, Calfee, Halter & Griswold LLP
James M. Lawniczak, Calfee, Halter & Griswold LLP
Self Study Credit - OnDemand Webinar
| CBC | 0.5 | | |
| CLE | 1 | UT | |
| CLE | 1.25 | NC | |
| CLE | 1.4 | IN | |
| CLE | 1.45 | LA, SC | |
| CLE | 1.5 | AK, AL, AZ, CA, DE, GA, ID, IL, KY, ME, MS, MT, ND, NE, NH, NM, NY, OH, OK, OR, PA, TN, TX, VA, VT, WA, WI, WY | |
| CLE | 1.8 | MO, WV | |
| CLE | 2 | CO, FL | Wills, Trusts, and Estates 1.5 |
Self Study Credit - CD & Reference Manual
| CBC | 0.5 | | |
| CLE | 1.5 | AK, AZ, CA, GA, ME, MT, ND, NM, NV, OR, TX, UT, VT, WA | |
| CLE | 1.8 | MO, WV | |
| CLE | 2 | CO, FL | Wills, Trusts, and Estates 1.5 |
Self Study Credit - Podcast
| CLE | 1.5 | AK, CA, ME, MT, ND, NM, NV, TX | |
| CLE | 1.8 | MO, WV | |
| CLE | 2 | FL | |
Agenda
Overview - Bankruptcy Retention and Disclosure Generally
Should I Be an Estate-Retained Professional?
- Trustee's or Debtor-in-Possession's Professionals - Scope of 327(a)
- Trustee's or Debtor-in-Possession's Special Purpose Counsel - Scope of 327(e)
- Ordinary Course Professionals
- Committee Professionals
Disclosures by Estate Retained Professionals
- When Does Disclosure Occur?
- Contents of Disclosure (Bankruptcy Rule 2014)
- Compensation Paid or Promised Prepetition
- Significance of Complete and Adequate Disclosure
- Rule 2016: Fee Applications, Disclosures for Postpetition Compensation and Related Issues
Rule 2019 Disclosures for Representation of Creditors and Equity Security Holders
- Who Is Required to Disclose?
- Data Required
- Sensitive Information and Competitive Advantage
- Consequences for Failure to Comply
