Card image cap

Practical Ethical Pitfalls in Chapter 11 Representations

Level: Advanced
Runtime: 82 minutes
Recorded Date: October 26, 2017
Click here to share this program
Download PDF


  • Pre-Bankruptcy Planning
  • Concurrent Conflicts of Interest
  • Disclosure Obligations
  • Ethical Issues in Attorney Fees in Ch. 11 Bankruptcy Cases
  • Bankruptcy Code/Rules
  • Model Rules of Profession Conduct
  • Recent Cases
Runtime: 1 hour and 22 minutes
Recorded: October 26, 2017


A chapter 11 case can present a host of ethical pitfalls for unsuspecting attorney. Whether you represent debtors or creditors, this panel will discuss common ethical issues facing practitioners in a chapter 11 case.

This program was recorded on October 26th, 2017.

Provided By

American Bankruptcy Institute
Card image cap


Card image cap

Sharon Stolte

Sandberg Phoenix

Managing Attorney of the firm’s Kansas City office, Sharon Stolte brings more than 25 years of experience in business law and business and commercial litigation. Sharon’s legal practice focuses on bankruptcy, Chapter 11 debtor and creditor issues, as well as Chapter 7 and Chapter 13 consumer debtor matters. She has represented creditors in all aspects of creditor rights litigation, claim objection litigation, collateral realization, mechanic liens, collections, foreclosures and replevin litigation. Sharon has also assisted financial institutions, lenders and large suppliers with consumer and commercial restructuring of troubled credits and other business matters. In addition to representing clients before both state and federal courts, she has served as national counsel for several Kansas City-based construction industry firms. As a result of the breadth of her practice and her years of experience, Sharon is well-known and highly-regarded in the Kansas City legal community.

As Managing Attorney of the firm’s Kansas City office, Sharon works directly with the firm’s CEO, practice group and senior firm leadership on all aspects of the operation of the Kansas City office. In her role, Sharon oversees the communication, recruiting, financial management, marketing and business development efforts of the two offices.

Sharon’s management role came naturally to her, as she is a strong proponent of the firm’s values and culture. “While Sandberg Phoenix proved a great fit for my legal practice, what really sets the firm apart is the collegial feel and collaborative approach to client service, and I am happy to be working together with some very skilled attorneys throughout the Midwest,” Sharon says.

Regardless of business size or legal need, Sharon’s focus is always on being a passionate advocate for her clients and tirelessly pursuing their best interests. By taking on their current legal issues as her own and working to solve each problem presented, she takes pride in being able to put everything back together whenever businesses or relationships break down.

“Working with clients and helping them resolve complex legal issues is incredibly rewarding,” says Sharon, “it’s far and away my favorite part of being an attorney.

In addition to her legal career, Sharon enjoys spending time with her family, which includes her husband and three children and their many sports and activities.

Card image cap

Kenneth Pasquale

Stroock & Stroock & Lavan LLP

Ken Pasquale maintains a diverse bankruptcy and litigation practice, focused upon representing institutional creditors in reorganization proceedings and complex litigation matters. One of Ken’s strengths is the creation and execution of effective litigation strategies that have a decisive impact on the overall restructuring. He has led litigation teams in a variety of high-profile bankruptcy matters, recently including Caesars and Avaya. Ken often evaluates pending or prospective litigation for clients considering investment opportunities.

Ken has also represented pharmaceutical, medical product, motor vehicle and welding-product manufacturers in product liability actions, experience that has proven invaluable in many of his creditor representations. He is a frequent author and lecturer on bankruptcy litigation and related topics.

Ken’s pro bono service includes the representation of tenants in a rent-controlled building whose landlord filed for bankruptcy to avoid liability and sanctions for permitting dangerous building code violations to exist in the building. Ken secured an order removing the landlord from control of the building and appointment of a trustee to make the necessary repairs.

Card image cap

David Lander

Adjunct Professor
St. Louis University School of Law

David Lander is a professor of practice at Saint Louis University Law School. He has written extensively in the fields of consumer finance and consumer counseling. He was formerly a business bankruptcy attorney and was a member of the National Bankruptcy Conference, the American College of Bankruptcy and the Advisory Committee on Bankruptcy Rules. He is a graduate of Bowdoin College and the University of Chicago Law School.He teaches courses in lawyering process, bankruptcy, consumer finance and commercial transactions.

Card image cap

Similar Courses

Card image cap
93 minutes
'Scared. Ashamed. Crippled': Overcoming Mental Health Disabilities in Law
Feeling overwhelmed by your workload? Thinking about taking a mental health break from practice but worried about the stigma or impact it may have on your partnership track? Join Reed Smith counsel Mark Goldstein as he provides insight on how he was able to be a lawyer while coping with mental health disabilities. This very intimate discussion will also offer tips for attorneys who are currently struggling with mental health issues.

American Bar Association


Add to Cart
Card image cap
77 minutes
§ 363 Sale Issues
Dive into Section 363 sales issues, including whether there are limits to “free and clear”; the GM conflict between Sections 365(h) and 363(f) (“lease-stripping”); sales free and clear of leasehold interests, restrictive covenants and override royalties; being free and clear of successorships in CBAs; selling free and clear of environmental liabilities (La Paloma, Exide); and loan-to-own strategies.

American Bankruptcy Institute


Add to Cart
Card image cap
57 minutes
Attorney Impairment: Ethical Implications & Difficult Conversations
In this program, Dr. Brian Russell, Clinical Psychologist and Attorney at Law, will discuss the different impairments that can affect an attorney. The ethics rules are implicated in addressing the issues involved and how it affects the practice of law. He will also discuss different ways attorneys can find help.

Dr. Brian Russell


Add to Cart
Card image cap
76 minutes
Bankruptcy Litigation
The panelists will provide a Section 546(e) safe harbors update, including how state law preemption will be applied post-Merit; jurisdictional issues in Relativity; the debt-recharacterization circuit split and Supreme Court withdrawal of cert in PEM v. Levin; the application of avoidance powers extraterritorially (Ampal-American, Emerald, Madoff), fraudulent-transfer circuit splits and other related matters (Physiotherapy, Tribune, Madoff, Merritt Management, Petters, SemCrude, Fragin); and the current state of the equitable mootness doctrine, including recent criticisms, especially from the Third Circuit (e.g., In re Philadelphia Newspapers, In re SemCrude L.P., In re One2One Communications LLC), and their applications (e.g., In re City of Detroit).

American Bankruptcy Institute


Add to Cart
Previous Next