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Two Worlds Collide: Domestic Relations and Bankruptcy

Many individuals in bankruptcy are also involved in domestic-relations litigation. This panel will discuss the necessity for proper advice to potential clients about bankruptcy ramifications when filing for divorce and negotiating property settlements, and vice-versa. What obligations under a judgment of divorce or property settlement are nondischargeable? What claims under a judgment of divorce or property settlement can be exempted? What steps can be taken to enforce a judgment of divorce or property settlement after a bankruptcy petition is filed without violating the automatic stay? What are the exceptions to the automatic stay to allow domestic-support litigation to go forward? Which court has the jurisdiction to decide the applicability of the automatic stay?

Ongoing Problems in Identifying What Constitutes a Debtor’s Projected Disposable Income

Litigation over what constitutes projected disposable income continues unabated post-BAPCPA. Is Social Security income included? Is a nonfiling spouse’s income included? What about the income of a significant other who is a nondebtor? Can a debtor make voluntary retirement contributions, or are they considered part of projected disposable income? This panel will address some current tricky issues in this area.

Stop This Tax Foreclosure

Payment of property taxes remains a recurring problem for many homeowners. Frequently, they do not understand what taxes are required to be paid, what interest rates are being charged, and what the consequences of nonpayment are. What is the process for property tax foreclosure? How long is the redemption period? Is there a point when a chapter 13 case can no longer be effective in dealing with property taxes? What if the taxing authority enters into repayment plans during or after the redemption period? What is the effect of these plans when an individual files for bankruptcy in the midst of a repayment program? What property interest, if any, does the debtor retain after foreclosure, or after redemption? How does a debtor address delinquent property taxes in his or her schedules?

What’s Wrong with This Claim?

Mortgage escrow accounts remain a mystery in many cases as debtors’ and creditors’ attorneys both struggle to understand the calculations set forth in them and the effect they have on chapter 13 cases. This panel will focus on escrow accounts, as well as new proof-of-claim forms and how they treat escrow accounts.

e-Learning Topics

e-learning-topics

Administrative Expense Claims

Reviews processes and requirements for post-petition claims that get priority payment, including professional fees, utilities, and goods received within 20 days of filing.

Alternative Dispute Resolution

Examines mediation, arbitration, and other non-litigation approaches to resolve bankruptcy disputes efficiently and cost-effectively.

Asset Sales

Analyzes issues practitioners may face when completing asset sales in and out of bankruptcy, and best practices for successful outcomes.

Automatic Stay

Explores scope and application of automatic stay protection, including exceptions, violations, and procedures for obtaining stay relief.

Claims

Discusses the evaluation, trading, and resolution of bankruptcy claims. Covers creditor rights and their impact on restructuring.

Bankruptcy Litigation

Studies recent case law and rules of practice, evidence and procedure, connecting professionals engaged in bankruptcy-related litigation.

Certification

Covers professional certification requirements and processes for bankruptcy practitioners, including specialized credentials and continuing education.

Corporate Governance

Analyzes fiduciary duties, management responsibilities, and board oversight during bankruptcy proceedings and restructuring.

Court Administration

Reviews court procedures, filing requirements, and administrative processes in bankruptcy cases.

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