When you start planning to leave your firm for greener pastures, lots of ethics issues can crop up (bad pun). One of the most acute issues is if you get an offer to join a firm that is on the opposite side of a matter you are already handling. That was the situation in a recent bankruptcy case, In re US Bentonite, Inc., and it led the court to order the firm representing a Chapter 11 debtor-in-possession to disgorge several months’ worth of fees.
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On July 13, 2015, the United States Bankruptcy Court for the Southern District of New York refined the qualifications of “foreign representative” for purposes of granting recognition in a Chapter 15 proceeding.[1]
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Introduction and Background
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