Consumer

Discussion on the chapter 7 trustees’ powers to do a carve-out, the new use of short sales in chapter 7, and the most effective way to sell assets in today’s economic environment. Does the creditor have a say in the trustee’s course of action?

The panel will discuss the pitfalls that chapter 13 debtors encounter when dealing with claims that may or may not be dischargeable or have priority status.

As if the Bankruptcy Code doesn’t give us enough to ponder, bankruptcy practitioners must consider the impact of the U.S. Tax Code on the decision-making process. This session will address the Internal Revenue Code “section 1398 short year” election and separate entity rules, discharge of tax claims, cancellation of debt (COD) income, and tax issues arising from mortgage modification, foreclosure, and transfer or abandonment of property.

Individual chapter 11 cases pose a number of thorny legal and practical problems for the bankruptcy practitioner. While individual chapter 11 cases contain many elements of corporate chapter 11 and chapter 13 cases, they do not fit comfortably in either chapter. Following the enactment of BAPCPA, courts have struggled to strike the appropriate balance between the provisions of the Bankruptcy Code intended for corporations and those intended for human beings. The result is substantial uncertainty for debtors and creditors alike. This session will explore: Does the absolute priority rule apply to individual chapter 11 debtors? May creditors commence an involuntary chapter 11 case against an individual? May individual chapter 11 debtors pay their living expenses in the ordinary course of business, or is notice and a hearing required? What are the advantages and disadvantages for debtors and creditors in an individual chapter 11 case as compared to a corporate chapter 11 case or a chapter 13 case?

Claims Resolution Rules 3001 & 3002.2, claim amendments, lien-stripping and mortgages.

Absolute priority rule, § 1115, disposable income, etc.