Consumer

This panel will explore the conflicts of law between estate planning and bankruptcy. Debtor’s counsel, beware: Life estate, remainder interest, trust or power of attorney may not be safe in bankruptcy. The panel will examine recent bankruptcy cases addressing the validity of estate-planning techniques designed to protect assets that then wreak havoc on pre-bankruptcy planning, timing and chapter selection and that can have significant implications on debtors and their nonfiling family members.

Representing public figures whose livelihoods depend on their public image and in remaining in the public eye, or individuals thrust into the public eye by perceived scandal, presents particular challenges to their bankruptcy lawyers. Flamboyance tends to catch the eye of judges and creditors, as well as fans and entertainment reporters. Scandal is a national pastime, so high-profile debtors catch the eyes of everybody. Representing creditors in those cases, and managing their expectations when outward appearances suggest no shortage of resources either because fame is equated with fortune or preservation of ill-gotten gains is presumed, also presents its own set of challenges. This multimedia session will be presented by lawyers who have lived through some of the highest-profile cases of recent years, and includes counsel in cases involving those who sought out the limelight, such as 50 Cent, Mike Tyson and Bob Guccione, and those who were thrust into it, such as David Drumm of Anglo-Irish Bank.

This panel will explore legal trends relating to rising real estate values in consumer bankruptcy cases, including issues related to stay relief, lien-stripping, reaffirmation agreements, and what could happen post-discharge if a debtor fails to act in conformity with his Statement of Intention. This panel will also address the current state of mortgage modification mediation programs and the latest happenings with the CFPB.

This panel will explore options for dealing with the difficult situations experienced by consumer debtors who on the surface fail to qualify for relief under chapter 7, have too much debt for relief under chapter 13 jurisdictional limits, and are unable to satisfy the absolute priority rule to qualify for an individual chapter 11 case.

This panel of experienced lawyers will discuss policy issues underlying student debt, current cases, fraud issues in workouts, and possible solutions to this important issue facing our nation.

This panel explore what rights/causes of actions a debtor may reserve in plan confirmation and the binding effect of confirmation, and whether, in light of Harris v. Viegelahn, a means may still exist to avoid refunding undistributed funds to a debtor following the conversion of a chapter 13 to a chapter 7 case, as well as what should happen to undistributed funds upon case dismissal. The session will conclude with a discussion on the limitations on the equitable powers of bankruptcy courts following Law v. Siegel.

Efficient and effective preparation of petitions is a core competency for debtors’ lawyers. To that end, this panel will examine such issues as counsel’s duty to investigate a debtor’s financial affairs, best practices for doing so, appropriate use of staff, avoiding ECF misuse, and the consequences of failing to discharge these duties.

A debtor’s real property is worth less than the debt it secures. Taxes, HOA fees, fines and liability for accidents can pile up on property that a debtor can’t afford and no longer wants. This panel will examine whether a debtor can get rid of the property and these problems in bankruptcy.

Creditors seemingly rarely get paid in full in a bankruptcy, and without allowed claims, they can pretty much forget about getting anything at all. This panel will discuss the recent developments in claims litigation and strategies employed to maximize returns in bankruptcy cases for creditors (and possibly debtors).

This discussion will keep attendees informed about the most recent developments on the most powerful procedural remedy in bankruptcy: the automatic stay. Learn the latest strategies and nuances in the still-developing case law concerning the stay.