Name
Who’s In Charge? Consent & Authority to Enter and Participate in Bankruptcy: CROs, 50/50 Closely Held Debtors, Deceased Debtors, Clients with Diminished Capacity, Corporate Consent, Aged Clients, Incarcerated Clients (case studies?) (Ethics)
Date & Time
Friday, October 11, 2024, 1:00 PM - 2:00 PM
Speakers
Frederick Bunol - The Derbes Law Firm, LLC
William Cherbonnier - The Caluda Group, LLC
Marvin Isgur - US Bankruptcy Court Southern District of Texas
Erin Arnold - U.S. Court of Appeals for the Fifth Circuit
William Cherbonnier - The Caluda Group, LLC
Marvin Isgur - US Bankruptcy Court Southern District of Texas
Erin Arnold - U.S. Court of Appeals for the Fifth Circuit
Description
The attorney has an ethical duty and responsibility to make sure that she/he is authorized to file the bankruptcy on behalf of the Debtor and act on behalf the client, whether the client is the Debtor or a party in interest. Most of the time, verifying the Debtor is authorized is relatively straight forward. However, from time-to-time, attorneys may encounter a fact pattern that is not straight forward, and an analysis is required to determine who is in charge. This presentation is meant to assist the practitioner in an ethical verification of who is authorized to act on behalf of a party and who is in charge. It will cite specific, relevant Rules of Professional Conduct and Bankruptcy Rules.
Session Type
Symposium
Speaker Invited?
Committee Member Assigned
Speaker Confirmed?
Yes
Topic Title?
From Committee Member
Topic Description?
NO
Speaker Bio?
NO
Materials Submitted?
NO