2015 Midwestern Bankruptcy Institute and Consumer Forum

A continuation of a two-part session with everything a practitioner needs to know about trying a federal case. everything a practitioner needs to know about trying a federal case.

When does “business judgment” become a foolish gamble? Our panel of experienced professionals will share stories from recent cases where the “alleged” best of intentions of management went awry and led to corporate failure, resulting in litigation seeking restitution for the damage

Graduates and individuals who attended college or trade school are struggling with their student loan debt. This panel will explore the current trends in student loan litigation in bankruptcy, as well as administrative options for restructuring and settling student loan debt.

Contrary to urban legend, the Federal Rules of Evidence do apply in bankruptcy court. In this two-part session taught by U.S. Magistrate Judge Robert E. Larsen there will be everything a practitioner needs to know about trying a federal case. If you took Evidence 101 in law school and have even a vague recollection of basic relevance and a primitive understanding of hearsay, you will discover that there are only five types of witnesses and five kinds of exhibits, learn the evidentiary foundation and disclosure requirement for each, and leave the sessions equipped to try virtually any federal case - civil or criminal, bench or jury.

Even not for profit and religious based organizations can file bankruptcy, as best evidenced by the filings of various archdioceses throughout the country. This panel will address the law, nuances and considerations involved when a not for profit or religious based organization files bankruptcy.

There is a reason attorneys choose the practice of bankruptcy and one of those reasons is, they would rather not handle a divorce case even with a ten foot pole. Unfortunately there are grave consequences if you are unclear as to how the bankruptcy code and a divorce may interact. This Panel will guide you through the minefield of potential issues thereby preventing your client’s divorce from blowing up your case.

Hear it from the lawyer who represented Detroit in its Chapter 9 Case. David Heiman will discuss the many events that made this case the case that it was including the way the deal of a lifetime was made.

An exploration of the issues, tensions and competing demands that frequently arise in connection with the representation of both consumers and small businesses as debtors where circumstances do not allow lawyers to be paid a full fee to represent the debtor with respect to all aspects of their bankruptcy case. Among other matters, the panel will consider are issues relating to access to the bankruptcy system and the legal fees that the consumer/business can afford and the market will support. The panel will also discuss various pertinent Rules of Professional Conduct, which may include RPCs 1.1 (competency), 1.2 (scope of representation), 1.3 (diligence), 1.4 (communication), 1.5 (fees), 1.6 (confidentiality), 1.8(f), 3.3 and 8.4, as well as pertinent case law and the White Paper produced by the ABI’s National Ethics Task Force on limited services representation in consumer bankruptcy cases.

This session will discuss recent bankruptcy cases from the Supreme Court and the Eighth and Tenth Circuits from the point of view of three bankruptcy appellate panel judges.

This panel will discuss the expanding body of case law on the limits of the bankruptcy court's jurisdiction over proceedings "related-to" a bankruptcy case under 28 U.S.C. §§ 157(a) and 1334. The panel will also address the impact of the Supreme Court’s recent rulings in Stern, Executive Benefits and Wellness International and how these decisions have impacted the Bankruptcy Court’s authority and jurisdiction.