Consumer

This session will reflect on who gets the benefit of the doubt in bankruptcy and who never does. The panelists will discuss how race, gender, class, geography, professional polish, familiarity with the court and judges, and whether a debtor is a repeat filer can impact case outcomes.Learning Objectives:Attendees will explore how narratives and perceptions about "good" and "bad" debtors can influence decisionmaking and outcomes in bankruptcy proceedings.Attendees will examine how factors such as race, gender, class, geography, and familiarity with the court may shape credibility assessments and the exercise of discretion in bankruptcy cases.Attendees will consider strategies for recognizing and addressing implicit bias and power dynamics in courtroom advocacy and case administration.

In consumer Chapter 13 practice, successful plans are rarely accidental. This panel reframes the most common causes of plan failure into practical strategies for success, focusing on how attorneys can proactively navigate confirmation, compliance, and completion. Designed for consumer attorneys, the program addresses the issues that most often derail plans, and how to avoid them.

Please join ABI’s International Committee for the next installment in its webinar series on cross-border insolvency topics. This session will focus on key issues and strategies surrounding asset recovery in the Caribbean. Leading practitioners from the Cayman Islands, BVI, Bermuda and the Bahamas will discuss the legal, financial and logistical challenges of recovering assets across jurisdictions, and will share practical insights and tools for navigating those complexities. The panelists also will address industry-specific considerations that arise in insurance and cryptocurrency matters.

In this session, career law clerks will provide attorneys with insights into the efficient and ethical administration of cases. The panelists will cover ethical considerations for attorneys and litigants when interacting with the court by providing best practices for communications and pleadings, and attendees will learn best practices for a high-volume practice, and receive practical guidance for efficiently navigating bankruptcy cases.Learning Objectives:Attendees will gain insight into the day-to-day role of career law clerks, including how they collaborate with judges, manage case flow, and navigate the procedural framework of bankruptcy courts.Attendees will understand the judicial decision-making process in consumer bankruptcy matters and how clerks evaluate pleadings, evidence, and advocacy from the court’s perspective.Attendees will learn practical strategies for effective advocacy in bankruptcy court, including how to address procedural expectations and navigate the interpersonal dynamics that influence case outcomes. 

This panel will provide attendees with strategies to handle complex issues that can arise in consumer cases – sometimes common, sometimes not. Topics that will be covered include UCC-1 fixture filings, multi-filers, extensions or imposition of the automatic stay, and when a debtor should consider filing a Chapter 11 petition under Subchapter V. The panel will also discuss recent trends in consumer cases.

On Dec. 1, 2025, amendments to Bankruptcy Rule 3002.1 were implemented, creating new forms and enhanced response requirements for mortgage creditors in chapter 13 cases. This panel will provide an overview of the 2025 amendments to Bankruptcy Rule 3002.1, how chapter 13 trustees are handling the additional oversight obligations, and best practices employed by creditors to address certain blind spots and ambiguities. The panelists will discuss the In re Klemkowski decision and its potential impact on the mortgage-servicing landscape. In particular, the panelists will address the benefits (but associated risks) in a debtor’s use of online payment portals during a consumer bankruptcy case.Learning Objectives:Attendees will understand the key amendments to Bankruptcy Rule 3002.1, including new forms and enhanced response requirements for mortgage creditors in Chapter 13 cases.Attendees will gain insight into how Chapter 13 trustees are handling increased oversight responsibilities and the resulting impact on case administration.Attendees will learn practical strategies and best practices for mortgage creditors to ensure compliance, address ambiguities in Rule 3002.1, and evaluate risks associated with online payment portals during bankruptcy cases. 

This session provides a practical roadmap for preparing and trying issues in consumer bankruptcy cases, with a particular focus on common consumer trial issues such as asset valuation and exemption disputes. Moderated by Judge Vaughan, the panel brings together judicial and practitioner perspectives to guide attendees through the critical stages of trial readiness, including pretrial preparation, discovery strategy, subpoena practice, evidentiary considerations, and effective trial presentation. In addition, the session addresses the financial considerations facing consumer practitioners, including strategies for structuring fees, obtaining court approval, and effectively getting paid for litigating consumer matters. The session emphasizes practical tips, best practices, and common pitfalls encountered in consumer trials. 

This session will provide timely updates on recent cases, offering practical insights and guidance on the latest developments in consumer bankruptcy law.Learning Objectives:Attendees will learn about recent bankruptcy case decisions and understand their practical implications for advocacy and strategy.Attendees will gain insight into how courts are interpreting key issues in bankruptcy law and the trends emerging from recent rulings.Attendees will be able to apply updates from recent cases to their practice, enhancing their ability to anticipate judicial perspectives and outcomes.