Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
Articles 1 - 12 of 12
Full-Text Articles in Law
"No Money Down" Bankruptcy, Pamela Foohey, Robert M. Lawless, Katherine Porter, Deborah Thorne
"No Money Down" Bankruptcy, Pamela Foohey, Robert M. Lawless, Katherine Porter, Deborah Thorne
Articles by Maurer Faculty
This Article reports on a breakdown in access to justice in bankruptcy, a system from which one million Americans will seek help this year. A crucial decision for these consumers will be whether to file a chapter 7 or chapter 13 bankruptcy. Nearly every aspect of their bankruptcies — both the benefits and the burdens of debt relief — will be different in chapter 7 versus chapter 13. Almost all consumers will hire a bankruptcy attorney. Because they must pay their attorneys, many consumers will file chapter 13 to finance their access to the law, rather than because they prefer …
The Case For Value Billing In Chapter 11, Nancy B. Rapoport
The Case For Value Billing In Chapter 11, Nancy B. Rapoport
Scholarly Works
This article explores the forces contributing to very high professional fees in large Chapter 11 cases and suggests that lawyers might want to consider valuing their services in ways other than the traditional billable hour approach.
Through Gritted Teeth And Clenched Jaw: Court-Initiated Sanctions In Bankruptcy Opinions, Nancy B. Rapoport
Through Gritted Teeth And Clenched Jaw: Court-Initiated Sanctions In Bankruptcy Opinions, Nancy B. Rapoport
Scholarly Works
This article discusses what types of behavior can trigger a bankruptcy court's initiation of sanctions against an attorney.
Rethinking Professional Fees In Chapter 11 Cases, Nancy B. Rapoport
Rethinking Professional Fees In Chapter 11 Cases, Nancy B. Rapoport
Scholarly Works
This article discusses the many ways in which professional fees can spiral out of control in chapter 11 bankruptcy cases and evaluates the possible ways to monitor and control those fees.
(Almost) Everything We Learned About Pleasing Bankruptcy Judges, We Learned In Kindergarten, Nancy B. Rapoport, Roland Bernier Iii
(Almost) Everything We Learned About Pleasing Bankruptcy Judges, We Learned In Kindergarten, Nancy B. Rapoport, Roland Bernier Iii
Scholarly Works
In this essay, we demonstrate that most ethics violations (at least the ones that irritate bankruptcy judges) are also violations of simple rules of behavior that people should have learned in kindergarten.
Moral Bankruptcy: Modeling Appropriate Attorney Behavior In Bankruptcy Cases, Nancy B. Rapoport
Moral Bankruptcy: Modeling Appropriate Attorney Behavior In Bankruptcy Cases, Nancy B. Rapoport
Scholarly Works
This essay discusses how important it is for lawyers, especially senior lawyers, to model appropriate behavior so that the newest lawyers learn how best to behave professionally.
Our House, Our Rules: The Need For A Uniform Code Of Bankruptcy Ethics, Nancy B. Rapoport
Our House, Our Rules: The Need For A Uniform Code Of Bankruptcy Ethics, Nancy B. Rapoport
Scholarly Works
This article argues that there should be a separate code of professional responsibility for lawyers in bankruptcy cases.
The Need For New Bankruptcy Ethics Rules: How Can "One Size Fits All" Fit Anybody?, Nancy B. Rapoport
The Need For New Bankruptcy Ethics Rules: How Can "One Size Fits All" Fit Anybody?, Nancy B. Rapoport
Scholarly Works
Short discussion why dormant, temporary, actual conflicts (DTACs) in bankruptcy cases can't be handled appropriately under state ethics rules.
Turning The Microscope On Ourselves: Self-Assessment By Bankruptcy Lawyers Of Potential Conflicts Of Interest In Columbus, Ohio, Nancy B. Rapoport
Turning The Microscope On Ourselves: Self-Assessment By Bankruptcy Lawyers Of Potential Conflicts Of Interest In Columbus, Ohio, Nancy B. Rapoport
Scholarly Works
This article attempts to devise an appropriate instrument to determine whether bankruptcy lawyers in Columbus, Ohio are able to identify potential conflicts of interest in bankruptcy cases. Although the article is unable to develop an appropriate instrument, it does discuss why the survey method is not appropriate for this type of study.
Avoiding Judicial Wrath: The Ten Commandments For Bankruptcy Practitioners, Nancy B. Rapoport
Avoiding Judicial Wrath: The Ten Commandments For Bankruptcy Practitioners, Nancy B. Rapoport
Scholarly Works
This article describes the top ten duties for bankruptcy lawyers. 1. Know the purpose(s) of the Bankruptcy Code. 2. Know the facts and the law. 3. Spend time crafting your arguments. 4. Don't lie (about conflicts of interest or about controlling law). 5. Be respectful (of other lawyers, of the system, and of other participants in the system). 6. Don't indulge your client's sleazy instincts. 7. Don't escalate a conflict unnecessarily. 8. Honor your calendar. 9. Keep your client informed. 10. Don't whine.
Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport
Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport
Scholarly Works
This article discusses the tension between the lawyer's duty to her client and her duty to the legal system as an officer of the court. It concludes that, in a situation in which those two duties conflict, the lawyer's duty to the system as a whole should trump the duty to the client.
Turning And Turning In The Widening Gyre: The Problem Of Potential Conflicts Of Interest In Bankruptcy, Nancy B. Rapoport
Turning And Turning In The Widening Gyre: The Problem Of Potential Conflicts Of Interest In Bankruptcy, Nancy B. Rapoport
Scholarly Works
This article is the first in a series of articles discussing the problem of conflicts of interest in bankruptcy cases. It argues that the traditional means for discovering and handling conflicts of interest - based on state-law ethics rules - fundamentally misconceives the problem in a bankruptcy context. State law ethics rules presume that the parties are always in static positions; in bankruptcy law, alliances shift all the time. The article proposes a possible method of handling potential conflicts of interest in bankruptcy cases.