2015 Detroit Consumer Bankruptcy Conference

This year’s litigation session will focus on preparing a witness to testify in various bankruptcy circumstances, including § 341 meetings, Rule 2004 examinations, evidentiary hearings and trials. The session will also include “how to” and “how not to” demonstrations of witness preparation by experienced trial lawyers encompassing preparation for both direct testimony and cross-examination.

This session will discuss mortgage claims and causes of actions, challenging foreclosure sales and litigation of the same, robo-signing, framing mortgage action arguments, defeating motions for relief, results and consequences to the debtor, and Regulation X.

This panel discussion will include what you need to know about the National Plan Form, what’s new and different from the current EDMI plan form, and what you should watch out for.

This special session will include from three to four problems/dilemmas in the context of chapter 7 matters.

This special session will include from three to four problems/dilemmas in the context of consumer cases (not chapter-specific).

This session will examine the new Eastern District of Michigan (Detroit) program, touch upon the Eastern District of Michigan (Flint/BC) program, and compare and discuss programs in other districts. Panelists will explain the substantive and procedural differences for trial modifications, permanent loan modifications and plan modifications.

This session will cover the valuing of real property and subsequent trustee sale, carve-outs on real estate claims of exemption, equitable vs. legal title to property, and § 363 sales of foreclosed homes during the redemption period, as well as a discussion on rental properties and who gets the rent.

This session will include a discussion on the effect of prior state and federal court litigation, full faith and credit, res judicata, collateral estoppel, Rooker-Feldman and abstention.

Current Claims Issues in Chapter 13 Cases

This session will feature a discussion on 11 U.S.C. § 521 and FRBP 4002.