COMMENTS FROM THE BENCH given one’s moral obligation to pay debts” of particular interest. I anticipate that as you head off to work each morning, most of you do not consider yourselves contributing to public immorality …in a 19th century context! However, one must always keep in mind that the quality of the work product is integral to the credibility of the work you do, and much of what you do is subject to statutory reporting obligations or oversight by the Court. Potentially, everything you do as an Insolvency Professional may land you before the Court, either for review or as a basis for some decision the Court is required to make. In case any of you have ever wondered, as you grind over a receiver or monitor’s report late at night if what is produced is really important to the Court, I can confirm that we simply could not make the decisions we are required to make without the input LITs provide to us as independent officers of the Court. By way of example, among the first documents I turn to when dealing with any CCAA filing is the Monitor’s report – and for the record, I am always happy to see a “Report of the Proposed Monitor” accompany the Initial Application. Now, to set the stage for the next part, I need to share something about judges. As part of our job, we are required to provide reasons for each decision we make, so when we receive work product from a LIT, either for review or as a basis for our own decision, we expect that work product to articulate a basis for the decision or recommendation contained therein. I want to provide a non-exhaustive list of other suggestions to keep in mind in dealings with the Court. (a)  “Candor and Full Disclosure” – Most important, maintain credibility and tell us what is really going on. Remember the words: “fair, fulsome, and impartial” when putting any report or recommendation before the Court. Most of us who routinely hear insolvency matters have been there as lender or debtor counsel in the past. We know there is often little certainty or few guarantees in an insolvency proceeding. Do not leave your judge with the sense that you regard them as “someone to be managed,” and do not get lulled into overselling. (b)  “Why” – As already discussed, when making a recommendation to the Court, explain why. If, as judges are often cautioned, it will not write easily, then I can confirm that we simply could not make the decisions we are required to make without the input LITs provide to us as independent officers of the Court. Dedicated to the Art of Persuasion Independent of major financial institutions, our team acts as independent counsel to a full range of insolvency stakeholders. Yes…we sue banks! On a regular basis, we advise court appointed officers in insolvency and restructuring cases, as well as for debtors, employee groups, unions and bondholders. Contact us for a list of representative engagements. Volume 19 Issue 1 Rebuilding Success 53