Consumer

This panel will delve into emerging issues in bankruptcy cases, offering perspectives from practitioners, chapter 13 trustees and the bench. The panelists will focus on post-confirmation appreciation in asset values, such as who gets the appreciation if the house sells during the chapter 13 or if the case converts to chapter 7; early plan payouts, evaluating final payments before the end of the commitment period, hardship discharges and creative plan modifications; no-look and bifurcated fees; and end-of-case mortgage issue solutions.

This panel will discuss the forthcoming SCOTUS opinion in Purdue and other seminal cases of the year.

This panel will discuss current ethical issues confronting attorneys who practice predominantly in the consumer bankruptcy arena, including attorney compensation and fees, potential conflicts of interest, limited representation/engagements, and counsel’s duty to investigate/"reasonable inquiry."

This panel will provide guidance and shortcuts on finding, recalling and complying with a variety of bankruptcy rules that are easily overlooked or misunderstood. What critical deadlines must you know? When can you not get an extension of time? Under what circumstances can you limit notice or service?

This panel will examine a host of real estate issues, including the intersection of reverse mortgages and bankruptcy, and the rights of heirs when a borrower files for bankruptcy; the distribution of equity in post-petition real estate sales, and how to determine who is entitled to the proceeds; whether, since Toth, the prime rate is the best measure of risk when applying the Till rate for total debt claims in bankruptcy; the classification of conduit payments, and whether direct mortgage payments should be considered part of bankruptcy plan payments; and effective strategies for addressing and resolving mortgage issues to guarantee that debtors achieve a fresh start post-bankruptcy.

This panel will introduce attendees to subchapter V of chapter 11, and its streamlined process for small business reorganizations. The panelists will cover the expectations, roles and responsibilities of the key participants in the subchapter V case, including the bankruptcy judge, debtors, creditors, the U.S. Trustee and the subchapter V trustee. The panelists also will compare and contrast subchapter V with a regular chapter 11 case in such key areas as eligibility of the debtor for subchapter V, first-day motions, cash-collateral usage, adequate protection, the role of the subchapter V trustee, plan formulation, consensual vs. cramdown plans, and the reorganized debtor’s responsibilities post-confirmation.

This panel will explore the basics of credit reporting, what to do when errors occur, and how to obtain a potential resolution. As part of this dialogue, the panelists will discuss relevant aspects of the Fair Credit Reporting Act and Fair Debt Collection Practices Act, the discharge injunction, and jurisdictional issues that may impact litigation of these disputes.

This panel will help you analyze the strategic twists and turns of taking bankruptcy appeals. When can you appeal? When should you? And if you have a choice of appellate courts (district court, BAP, court of appeals), how do you decide which to select? The panelists will share from their collective experience on both sides of the bench, including best practices — and perhaps a horror story or two.

This panel will discuss how to develop litigation skills in the production, limitation and introduction of testimonial and documentary evidence. The panelists will cover strategies for both introducing evidence and dealing with objections to or limitations on an opponent’s evidence.

This panel will discuss the ins and outs of mediating consumer bankruptcy issues, including the types of issues typically mediated, selecting a mediator, and special considerations involved.