Consumer

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.

This panel will discuss various sections of the Bankruptcy Code as they impact or are impacted by divorce proceedings. The panel will discuss the § 101(14A) definition of “domestic support obligations,” the rights of a representative appointed for the debtor’s children, post-nuptial agreements, the standing of an estranged spouse under §§ 523 and 727, §§ 523(a)(5) and (a)(15), equitable distribution awards and § 541, fraudulent conveyances and divorce decrees, and much, much more.

Recent changes to the Federal Rules of Evidence and their impact on bankruptcy proceedings, from 2004 examinations to contested matters to adversary proceedings, will be the subject of this discussion, along with the treatment of electronically stored evidence.

The impact of a bankruptcy filing on a consumer debtor’s tax liabilities requires a reconciling of hazy IRC provisions with Title 11. Topics will include the impact on the debtor’s discharge for late-filed income tax returns, 1099s ((A) and (C)), 26 U.S.C. § 108, tax liens and their treatment under the Code (§ 724), and the pros and cons of filing a “stub” year tax return.

Crossing the Digital Divide: How to Use Social Media to Augment Your Practice

This panel will cover recent developments in consumer cases at the bankruptcy and appellate levels.

In 2013, ABI launched a study of individual chapter 11 cases to determine why individual debtors choose chapter 11 and to evaluate the efficacy of individual chapter 11 cases. The study team has gathered data to identify systemic problems that increase the cost and decrease the utility of chapter 11 cases to individuals. The panel, which includes the study’s reporter, investigators and cochairs, will provide an overview of the study’s findings and recommendations.