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Emerging Issues in Representing Debtors and Creditors Thursday, March 5, 2009 Sponsored by: The Bankruptcy Law Section Consumer bankruptcy filings are on the rise and this trend promises to continue. In this program, practitioners will learn about emerging issues in representing both debtors and creditors in the US Bankruptcy Court. Expert panelists are divided into three distinct panels. Debtors and their attorneys need to know the priority status of tax claims as well as the implications and potential consequences of over withholding and failure to file tax returns. Creditors and their attorneys need to know that there is a right way to seek relief from the stay pursuant to the provisions of § 362, and a wrong way. The wrong way can get counsel and their clients into serious trouble. And since staying out of trouble is always on everyone’s mind, counsel representing debtors and creditors will be able to learn more avoiding potential pitfalls and discuss the often difficult issues they are faced with on a daily basis. Ring I: Tax Issues and Dischargeability It’s tax time, which means not only are refunds on everyone’s minds, but so may be other issues. Are debtors over withholding? Have the returns been filed? Do we need to be thinking about those stimulus checks? Or, must the debtor simply juggle the tax code and the bankruptcy code? Your panelists will discuss these and other important issues that all debtors attorneys must grapple with. Dax B. Grantham, Esq. Elaine M. Benkoski, Esq. Stephen Murphy, Esq. Ring II: Changes in Motion for Relief Practice Over the last twelve months, motion for relief practice has undergone significant changes due to recent bankruptcy court decisions and new legislation. The panel will discuss the state of the practice as well as proposed and pending legislation and amendments to local rules in neighboring jurisdictions which will likely become part of lift stay procedure in the near term. Sean B. Cullen, Esq. Richard T. Mulligan, Esq. Amy Lipman-White, Esq. Ring III: Legal and Ethical Issues Attorneys representing parties in bankruptcy must be counselors and advocates. At what point must they also be watchdogs? In this session, panelists will discuss the important and sometimes difficult legal and ethical issues debtor and creditor counsel must face when they find themselves forced to choose between doing what may be right over what may be easy. Phoebe Morse, Esq. Susan Grossberg, Esq. Thomas J. Enright, Esq. Constance V. Vecchione, Esq. Nina M. Parker, Esq. Program Co-Chairs: William J. McLeod, Esq. Sanjit S. Korde, Esq.
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