Attention:
Card image cap

Attorney Fee Bifurcation


Level: Intermediate
Runtime: 59 minutes
Recorded Date: December 11, 2021
Click here to share this program
Download PDF

Agenda

  • The Challenge of Getting Paid as Debtors' Counsel
  • The Bifurcation Model
  • Financing or Factoring Attorney Fees
  • Bifurcation is based on a Flawed Premise
  • Higher Fees
  • Reasonable, Disclosed and Informed
  • Local Rules can Make Bifurcation Problematic
  • Cautious Approval of Some Bifurcation Arrangements
  • Alternatives
  • Conclusion
Runtime: 1 hour
Recorded: December 11, 2021

For NY - Difficulty Level: For both newly-admitted and experienced attorneys (transitional)


Description

A bifurcated fee arrangement involves splitting the consumer chapter 7 engagement into pre-petition and post-petition fee arrangements that require little or no money down for the work required to finish the case. In several jurisdictions across the nation, however, bifurcated fee arrangements in chapter 7 cases are being challenged. This panel will review the complex issues related to these fee arrangements.

This program was recorded as part of ABI's 2021 Winter Leadership Conference on December 11th, 2021.

Provided By

American Bankruptcy Institute
Card image cap

Panelists

Card image cap

Cathleen C. Moran

Practitioner
Moran Law Group

Cathleen C. Moran is a practitioner with the Moran Law Group in Redwood City, Calif., and has practiced bankruptcy law on the San Francisco Peninsula for more than four decades. She is a bankruptcy specialist, certified by the California State Bar Board of Legal Specialization, and served as a member of the state bar’s Bankruptcy Law Advisory Board.

Ms. Moran pioneered the use of the internet to explain bankruptcy to the public starting in 1998 with BankruptcyinBrief.com. She currently writes BankruptcySoapbox.com and BankruptcyMastery.com. A longtime member of the National Association of Consumer Bankruptcy Attorneys, Ms. Moran currently serves on the board of The NACTT Academy for Consumer Bankruptcy Education. She received her J.D. from the University of California, Hastings, College of the Law.

Card image cap

Richard P. Cook

Owner & Managing Attorney
Cape Fear Debt Relief

Richard P. Cook is the owner and managing attorney of Cape Fear Debt Relief, a boutique bankruptcy firm in Wilmington, N.C. Founded in 2011, Cape Fear Debt Relief represents individuals and small businesses in chapter 7, 11 and 13 cases before the U.S. Bankruptcy Courts in Eastern North Carolina.

In February 2020, Mr. Cook was named a subchapter V trustee for the Eastern District of North Carolina. He is one of only three attorneys in Wilmington recognized by the North Carolina State Bar as a Board-Certified Specialist in both Business and Consumer Bankruptcy Law.

Mr. Cook served on the board of the North Carolina State Bar Association’s Bankruptcy Section Council from 2013-16. He currently serves as the Fourth Circuit chair for the National Association of Consumer Bankruptcy Attorneys.

Prior to founding Cape Fear Debt Relief, Mr. Cook was an associate with Butler & Butler, LLP in Wilmington, N.C., and prior to that, he was an associate with Brock & Scott, PLLC in Winston-Salem, N.C. He received his undergraduate degree and J.D. from the University of North Carolina at Chapel Hill in 2003 and 2007, respectively.

Card image cap

H. David Cox

Founding Member
Cox Law Group

H. David Cox is the founding member of Cox Law Group in Lynchburg, Va., and practices bankruptcy law throughout the Western District of Virginia.

Prior to entering private practice, he clerked for the late Hon. William E. Anderson. He co-edits the treatise Bankruptcy Practice in Virginia, co-authored the fourth edition of ABI’s Consumer Bankruptcy: Fundamentals of Chapter 7 and Chapter 13 of the U.S. Bankruptcy Code, and has lectured at numerous regional and national CLE programs.

Mr. Cox is a permanent member of the Fourth Circuit Judicial Conference and a Fellow of the American College of Bankruptcy, and he serves on ABI’s Board of Directors. He received his B.A. in 1992 from Virginia Tech and his J.D. in 1995 from the University of Richmond - TC Williams School of Law.


Card image cap

Similar Courses

Card image cap
64 minutes
"I Am Not a Cat" Proceedings in a Virtual World
Besides becoming a pop-culture catchphrase, how has the shift to a virtual environment impacted proceedings over the last year, and what changes do you believe are here to stay? Our panel of experts will examine some of the greatest challenges, faux pas, and successes in virtual proceedings over the course of this transformative time.

Women, Influence & Power in Law Conference

$65

Add to Cart
Card image cap
63 minutes
2021: The Year of the ELM
Panelists will clarify what constitutes an ELM platform, examine its unique and compelling capabilities, and discuss its strategic and tactical advantages, particularly those stemming from data-driven insights and machine-driven decision making. Attendees will gain a clear understanding of the significance of the emergence of ELM solutions, what firms and law departments can achieve with ELM platform, and practical and ethical considerations related to adopting an ELM solution.

Legalweek

$65

Add to Cart
Card image cap
97 minutes
26 Words that Created the Internet - Basics of the Communications Decency Act Section 230 Safe Harbor
This program will examine the basics of CDA 230 and its day to day affect for those who advise internet businesses as well as those who litigate against them. It will give practical guidance as to what extend internet companies can or should edit or censor the information their users contribute to their sites and to what extent those users will actually be liable.

New Media Rights

$115

Add to Cart
Card image cap
63 minutes
40 Years of Data: What the Data on the Industry Says About Its Future
For 40 years, The American Lawyer, its affiliate publications and ALM Intelligence’s Legal Compass have been collecting data on law firms, clients and providers. What does the data tell us about where the industry is headed? We will take a deep dive into our data and others’ to assess the state of the industry and its future.

Legalweek

$65

Add to Cart
Previous Next