2026 Northeast Bankruptcy Conference & Consumer Forum

This session is geared toward consumer chapter 7 and 13 practitioners looking for an in-depth discussion of pre-filing planning and strategies that will pass muster, and analyzing the difference between planning that falls within ethical and statutory expectations, and those that cross the line, putting attorney and client at risk.Learning Objectives:Attendees will identify lawful and effective pre-filing planning strategies for consumer chapter 7 and chapter 13 cases.Attendees will distinguish permissible prebankruptcy planning from conduct that may violate ethical duties, statutory requirements, or applicable bankruptcy rules.Attendees will evaluate the potential risks and consequences to attorneys and clients when pre-filing strategies cross legal or ethical boundaries.

This session presents a practical deep dive into nondischargeability litigation in consumer bankruptcy, focusing on § 523(a)(2), (a)(4) and (a)(6) nondischargeability actions and denial of discharge under § 727. The panelists pair that substantive discussion with practical guidance on deadlines, litigation strategy, and the impact of collateral estoppel.Learning Objectives:Attendees will distinguish the grounds for nondischargeability under 11 U.S.C. § 523(a)(2), (a)(4), and (a)(6), as well as the grounds for denial of discharge under § 727.Attendees will identify key filing deadlines, procedural requirements, and strategic considerations in dischargeability and denial-of-discharge litigation.Attendees will evaluate how collateral estoppel may affect the proof, scope, and outcome of nondischargeability actions in consumer bankruptcy cases.

Work/Life Balance: Is it really a thing? This session explores the critical connection between attorney well-being, the duty of competence and professional liability, examining how stress, burnout and impairment can affect ethical decision-making and client representation. Participants gain practical strategies to support personal well-being, reduce malpractice risk, and fulfill their professional and ethical obligations while maintaining a sustainable legal practice.Learning Objectives:Attendees will identify the connection between attorney's well-being, burnout, and impairment, and recognize how these factors can compromise the duty of competence and increase professional liability exposure.Attendees will apply practical strategies for managing stress and maintaining personal well-being that support sound ethical decision-making and effective client representation.Attendees will evaluate risk-management practices that reduce malpractice exposure while fulfilling professional and ethical obligations within a sustainable legal practice.

This advanced panel explores the complex ethical landscape surrounding artificial intelligence implementation in bankruptcy and legal practice. Moving beyond basic AI introductions, the panelists examine real-world AI functionality, use cases and usage statistics, judicial perspectives on AI compliance, and practical ethical challenges facing practitioners today. Through interactive polling, case studies, and expert insights, attendees gain actionable guidance on navigating AI ethics within existing professional conduct frameworks.Learning Objectives:Attendees will identify key ethical considerations arising from the use of artificial intelligence in bankruptcy and legal practice, including issues related to competence, confidentiality, supervision, and professional responsibility.Attendees will evaluate real-world AI functionality, use cases, and emerging judicial perspectives to assess the benefits, risks, and limitations of AI tools in legal workflows.Attendees will apply existing professional conduct frameworks and AI compliance principles to address practical ethical challenges and develop responsible AI implementation strategies within their practices.

In an interview conducted by ABI Immediate Past President Judge Bruce Harwood (ret.) and ABI’s Bill Rochelle, First Circuit Judge O. Rogeriee Thompson will offer tips for effective written and oral advocacy in bankruptcy appeals.

This panel covers the ethical and practical considerations when representing spouses, or a small business owner and/or their small business. Who’s the client and when is that determined, when does an individual or entity need separate counsel, what conflicts can be waived and how, what’s privileged and what’s not, and whose privilege can a trustee waive?Learning Objectives:Attendees will identify common conflict of interest scenarios that arise in consumer bankruptcy representations, including joint spousal filings and co-debtor situations, and evaluate appropriate strategies for addressing or avoiding those conflicts under applicable professional responsibility rules.Attendees will analyze the scope and limitations of attorney-client privilege and confidentiality obligations in the consumer bankruptcy context, including how disclosure obligations to the court and trustee interact with duties owed to the client.Attendees will apply ethical frameworks and best practices for managing challenging client relationships in consumer bankruptcy matters, including navigating candor obligations, informed consent, and withdrawal considerations when conflicts or privilege issues arise.

This session provides an in-depth discussion on discovery in bankruptcy proceedings, including strategies and best practices for creating an admissible Rule 2004 record.Learning Objectives:Attendees will evaluate key litigation strategies and procedural considerations that arise throughout the lifecycle of a civil dispute, from case assessment through resolution.Attendees will identify effective techniques for developing factual records, managing discovery, and presenting persuasive legal arguments in both written and oral advocacy.Attendees will apply practical lessons from litigation scenarios to improve case management, client counseling, negotiation, and courtroom decision-making.

This panel examines the unique challenges that Merchant Cash Advances (MCAs) present in subchapter V bankruptcy cases, including disputes over characterization as true sales versus disguised loans. The panelists discuss how courts have analyzed MCA agreements, the implications of recharacterization, and the impact on creditor rights and debtor restructuring efforts. Attendees will gain insight into emerging case law, confirmation issues, and strategies for addressing MCA claims pre-filing and within the subchapter V framework.Learning Objectives:Attendees will analyze how merchant cash advance (MCA) transactions are characterized in Subchapter V bankruptcy cases and evaluate the legal factors courts use to distinguish true sales from disguised loans.Attendees will identify and assess recent case law developments involving MCA agreements, including the implications of recharacterization determinations on creditors’ rights and debtors’ restructuring efforts.Attendees will apply practical strategies for addressing MCA-related claims, confirmation issues, and litigation considerations both before filing and throughout the Subchapter V bankruptcy process.

This panel explores issues that arise in fraud-based bankruptcy cases from both legal and financial perspectives, including managing a case when the fraudsters may still be around, dealing with fraudulent books and records, preserving the value of the business, investigating and litigating fraud and related claims, and working with (or against) the DOJ and other law enforcement agencies.Learning Objectives:Attendees will identify common indicators of fraud in bankruptcy cases and evaluate the legal and financial challenges that arise when fraud is suspected or confirmed.Attendees will analyze strategies for preserving estate value, managing unreliable books and records, and conducting investigations in fraud-based bankruptcy proceedings.Attendees will assess the tools available for pursuing fraud-related claims and understand the roles of the U.S. Department of Justice and other law enforcement agencies in bankruptcy cases involving alleged misconduct.

This panel explores advising clients as to potential alternatives to a chapter 11 filing, with a particular focus on distressed small and mid-market companies. The panelists also provide practical tips on preparation and best practices.Learning Objectives:Attendees will identify key considerations and strategic alternatives available to distressed small and mid-market companies considering a Chapter 11 filing.Attendees will evaluate the unique legal, operational, and financial challenges that arise in restructuring and bankruptcy cases involving small and mid-market businesses.Attendees will apply practical best practices for preparing and managing a Chapter 11 case, including pre-filing planning, stakeholder communications, and case administration.