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.

This panel explores current trends in automatic stay litigation and the practical strategies used by debtors and creditors in contested cases. The panelists discuss common dispute scenarios, evolving court approaches, and key considerations for navigating stay relief, enforcement actions and related risks in bankruptcy proceedings.Learning Objectives:Attendees will identify current trends and emerging issues in automatic stay litigation.Attendees will analyze strategic considerations for pursuing or defending stay-relief motions, enforcement actions and related disputes.Attendees will evaluate practical approaches for minimizing risk and achieving favorable outcomes in contested stay 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 explores the evolving and fact-intensive concept of good faith in chapter 13 bankruptcy, with a focus on plan confirmation and post-confirmation modifications. The panelists examine how courts interpret “good faith” under §§ 1325 and 1329, common red flags that can trigger bad-faith findings, and key strategic considerations for trustees, debtors’ counsel and creditors when modifications are proposed. Through statutory analysis, leading case law and practical examples, the panelists address when plan confirmation calls into question the good faith of the debtor and/or their counsel and proposed modifications cross the line from legitimate adjustment to improper use of the Bankruptcy Code. Topics include income and expense changes, serial or late-stage modifications, treatment of unsecured creditors, disclosure obligations, and the role of debtor conduct before and after confirmation.Learning Objectives:Attendees will understand the good-faith requirements of §§ 1325 and 1329 and how courts evaluate good faith in chapter 13 plan confirmation and post-confirmation modification proceedings.Attendees will identify common factual circumstances and litigation issues that can trigger good-faith challenges, including changes in income and expenses, serial filings, disclosure obligations and debtor conduct.Attendees will analyze recent case law and practical strategies for evaluating, prosecuting or defending plan confirmation and modification disputes involving allegations of bad faith.

This panel covers the ethical and practical considerations when representing spouses, or a small business owner and/or their small business. Who’s the client and when is that determined, when does an individual or entity need separate counsel, what conflicts can be waived and how, what’s privileged and what’s not, and whose privilege can a trustee waive?Learning Objectives:Attendees will identify common conflict of interest scenarios that arise in consumer bankruptcy representations, including joint spousal filings and co-debtor situations, and evaluate appropriate strategies for addressing or avoiding those conflicts under applicable professional responsibility rules.Attendees will analyze the scope and limitations of attorney-client privilege and confidentiality obligations in the consumer bankruptcy context, including how disclosure obligations to the court and trustee interact with duties owed to the client.Attendees will apply ethical frameworks and best practices for managing challenging client relationships in consumer bankruptcy matters, including navigating candor obligations, informed consent, and withdrawal considerations when conflicts or privilege issues arise.

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.