The Ethics of Bankruptcy (Professional Ethics)

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Is it ethical to file bankruptcy?

Belief in the self-fulfilling prophecy effect nevertheless persists, and this despite the profession's clear ethical guidelines that audit opinions should provide an objectively true and fair view, paying no regard to possible consequences. We argue that, if the profession's clear ethical guidelines are to play a greater role in this area, issues such as enforcement will need to be addressed. Unable to display preview. Download preview PDF.

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Bankruptcy and Ethics

Chen, K. Gujarati, D. Karcher, J. Lampe, J. McKeown, J. Mutchler and W. Mitchell, A.

Puxty, P. Sikka and H. Accountancy Profession', Journal of Business Ethics 13 , 39— Moizer, P. Sherer and S.


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Turley eds. Mutchler, J.

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Corporate Bankruptcy Raises a Question of Ethics

Stephen W. Basedow, Esq.

Produced on February 07, 2017

He concentrates on matters involving consumer debt litigation, real estate transactions and consumer bankruptcy law. Prior to joining the firm, Mr. In addition to his work as an attorney, Mr. Mike has in-depth experience in advising clients on corporate and real estate bankruptcies, workouts, Chapter 11 and Chapter 7 bankruptcy cases, debtor-in-possession DIP and bankruptcy exit loan facilities, secondary market trading of distressed debt and trade claims, Section sales and bankruptcy retention and fee agreements and disputes. His clients include banks, administrative agents, indenture trustees, hedge funds, private equity firms, professional services firms, trade creditors, contract counterparties, shareholders, debtors and investors.

Mike has represented buyers of assets in Section and out-of-court sales from sellers such as Evergreen Solar, Inc. Mike also works with clients on cybersecurity and data privacy issues, including the assessment and investigation of information security and data breach incidents.

Produced on February 07, 2017

Before any data breaches occur, Mike prepares and helps clients implement written information security programs, systems access policies, and incident response plans. He has been recently selected to serve on the Bankruptcy editorial advisory board for the Law publication. Helpful for new attorney attempting to learn all of the intricacies of bankruptcy especially from an ethical standpoint.


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  8. This is excellent for a young law new to the special rules governing bankruptcy proceedings. Mostly, it was about "full disclosure" which is beat into lawyers' heads while still in law school. I've practiced in both Philadelphia, PA and now in Florida since So, for me, and I guess other experienced practitioners, the tough issues arise when you have an individual client whose company - wholly-owned or not, files for bankruptcy.

    There, more often than not the individual is a substantial creditor of the bankrupt company. Here is where the ethical problems arise, Who is your client?


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    And when you need to choose only one to represent given the potential conflicts of interest. No one wants to recommend to a long standing client to secure new counsel. On this and other such thorny practical issues that can get one disbarred, the course was generally silent. Labeling the course as a beginner's guide through the ethical pitfalls of bankruptcy would help identify who could benefit from the course. First rate bankruptcy presentation concerning ethical issues and concerning pre-bankruptcy planning.