Consumer

Presented by NABT Divorce and family separation often serve as the impetus for consumer bankruptcies. This panel will address the intersection between bankruptcy and divorce. For example, the State in which a bankruptcy is filed and the timing of the bankruptcy relative to the filing of a divorce can determine which marital assets are property of the bankruptcy estate. Further, the timing of the final judgment of dissolution of marriage can impact whether assets awarded to the debtor in the divorce can be property of the bankruptcy estate. This panel will also address whether a marital settlement agreement can be set aside as a fraudulent transfer.

Presented by the Hon. Steven W. Rhodes Consumer Bankruptcy Conference Explore the latest in what constitutes disposable income, raising and overcoming good-faith objections, evolving strategies in student loan treatment, unique issues arising due to COVID-19, and other advanced and challenging issues facing the chapter 13 practitioner.

Presented by the Hon. Steven W. Rhodes Consumer Bankruptcy Conference This session will examine the high stress levels associated with the legal profession, the consequences of that stress, and what can be done about it. It draws upon recent studies to show empirically that the stress inherent in today’s legal profession is leading to higher rates of depression, anxiety and substance abuse. The studies also show that lawyers in their first 10 years of practice are at the greatest risk. To bring a personal touch to these findings, presenter Jeff Zapor will share his personal story of addiction and recovery. Stress-management techniques will then be introduced, as well as some wellness initiatives that are being tried at the national level.

Presented by the Hon. Eugene R. Wedoff Seventh Circuit Consumer Bankruptcy Conference The panelists will discuss systemic/unconscious bias, defects in the system, and what the bar and the judiciary can do to correct disparate treatment.

Presented by NCBJ Don’t be caught off-guard by the many issues that debtors, creditors and attorneys face near the completion of chapter 13 cases. This session will help you identify and resolve the many issues that develop at this critical time in the lifespan of a chapter 13, including the payment of outstanding attorneys’ fees, managing a default after 60 months, handling notices of final cure, defaults on direct payments, and the impact of the CARES Act on a debtor’s options in completing a plan.

Presented by ABI’s Hon. Eugene R. Wedoff Seventh Circuit Consumer Bankruptcy Conference and Hon. Steven W. Rhodes Consumer Bankruptcy Conference This session will highlight particularly interesting case law developments to date in 2020 and their impact on bankruptcy law and practice.

Witness testimony at trial and in depositions is critical to winning. This panel of restructuring/insolvency litigators and expert witnesses will discuss how you prepare your fact and expert witnesses, including how to respond to direct examination, how to respond to personal attacks and lies, how to deal with an aggressive lawyer, how to prep a fact witness versus an expert witness, and how an expert witness should prep an attorney.

ABC sponsored this October 22, 2020, session from the Insolvency 2020 Summit. The expert panel addresses the use of technology by bankruptcy professionals inside and outside of the courtroom. The panel materials include applicable Model Rules of Professional Conduct and feature a section on questionable lawyer behavior. The panelists also suggest best practices for fee applications.

This panel will discuss areas in which debt-collection laws and the bankruptcy system treat service members, veterans and their families (especially disabled service members and their beneficiaries) differently from civilians. The panel will also discuss such recent legislative changes as the Honoring American Veterans in Extreme Need (HAVEN) Act and the National Guard and Reservists Debt Relief Extension Act, the work of the ABA and other various volunteer bar organizations, issues that can arise when representing service members, veterans and their families, and how you can assist veterans on a pro bono basis. *This program is in memoriam to Hon. Nancy Dreher, who served as a U.S. Bankruptcy Judge in the District of Minnesota for many years and who wrote about and spoke on the importance of pro bono services.

The novel coronavirus has certainly induced many systemic changes around the world, and the bankruptcy and restructuring industry is no exception. What once worked in a pre-COVID-19 world might not work anymore, so parties must adapt quickly, often with no precedence upon which to rely. This panel will discuss the idiosyncrasies and novel ways bankruptcy practice is operating, restructuring and adapting to a “new normal,” and how constituencies on all sides of the table are approaching its unique aspects.