Consumer

In 2024 alone, more than 517,000 bankruptcy cases were filed in the U.S., and bankruptcy judges issued an estimated 521 reported decisions, plus another 1,241 unreported decisions. How many of those cases and issues are you familiar with? You might know what the Supreme Court did in Purdue Pharma, what the Third Circuit did in Boy Scouts, what the Fourth Circuit did in Bestwall, and what bankruptcy courts are doing in cases like Red River Talc, Celsius and FTX, but do you know the latest trends in equitable tolling, chapter 5 avoidance claims and conversion rights? Bill Rochelle and this panel of esteemed bankruptcy judges will be holding a lively discussion of a few critical-but-under-the-radar decisions that you should be reading about but likely are not. You won’t want to miss this educational and eye-opening conversation!

Join members of ABI’s 2012-13 National Ethics Task Force as they update their 2013 Final Report on bankruptcy ethics best practices with this lively panel discussion on current hot topics, including required (and recommended) estate professional disclosures, independent directors, access to justice and artificial intelligence.

Hosted by the Real Estate Committee. This panel will discuss the financial and legal challenges that continue to confront the real estate market by asset class — including office, hospitality, retail and residential — as well as solutions, bright spots and predictions.

This session will explore the complex legal doctrines that define the rights and limitations of trustees and debtors in bankruptcy. The panelists will examine when trustees and debtors step into the shoes of the debtor, including how pre-petition rights and defenses impact the estate. The discussion also will analyze the application and limits of the in pari delicto doctrine, along with potential workarounds, and provide a close look at the Barton doctrine — its reach, exceptions, and whether protections continue after case closure. In addition, the panelists will consider the implications of the Fifth Circuit’s recent Highland Capital Management decision, including how gatekeeper provisions may reshape Barton protections for post-confirmation estate representatives.

ABI’s Vice President-Research Grants will interview Prof. Emeritus Lois Lupica about the structure, progress and preliminary findings of her ABI Endowment-funded Financial Distress Research Project, which examined the tools and other forms of assistance consumer debtors have been using to improve their financial well-being, and determined which ones have proven to be the most successful.

Hosted by the Consumer Bankruptcy and Secured Credit Committees. This panel will explore common (and uncommon) examples of UCC liens in consumer cases. The panelists will discuss goods covered by Article 9, perfection issues, valuations and chapter 7 redemption issues, and will highlight key cases that are shaping the UCC landscape.

Join Judge Michelle Harner as she leads Professor Bob Lawless through a discussion of Debt's Grip, a recent book co-authored by Prof. Lawless, Pamela Foohey, and Deborah Thorne. In this interview, Judge Harner and Professor Lawless will examine the realities of financial struggle in the United States through the experiences of people who have filed for bankruptcy. The book uses data from the Consumer Bankruptcy Project combined with personal narratives to argue that most bankruptcies result from crises like job loss or medical emergencies, rather than irresponsibility.

This panel, featuring a former U.S. Attorney, bankruptcy trustee and examiner, will cover such key topics as mail/wire fraud, concealment of assets, false statements, perjury and the Fifth Amendment as they relate to crimes in bankruptcy to help keep bankruptcy practitioners and their respective clients out of trouble.

Hosted by ABI's Real Estate CommitteeThe office sector remains one of the most challenged areas of commercial real estate, with fundamentals shifting in ways that continue to test owners, lenders and tenants alike. While prime properties in select markets are benefiting from a clear flight to quality, overall leasing activity is uneven, and vacancy rates remain elevated nationwide. With billions of dollars of office-based loans in distress and higher rates with tighter underwriting colliding with declining property valuations, the office asset class continues to be a real estate sector that restructuring professionals should watch closely.The Real Estate Committee is pleased to provide a deep dive into this market from the perspective of a national bank special assets manager, a CMBS attorney and a transaction professional through a hybrid Zoom webinar and in-person program at the New York City offices of Pillsbury.

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) was implemented on Oct. 17, 2005. This panel of experts will provide their perspectives on the impacts of the law on consumer and business bankruptcies in the 20 years since the law went into effect. John Penn of Perkins Coie (Dallas), who served as ABI's president when BAPCPA became law, will be joined by two former bankruptcy judges who were on the bench at the time of the law's implementation to discuss the developments brought about by BAPCPA, and to share their views on potential bankruptcy law reforms moving forward.