Consumer

In today’s digitally connected world, attorneys encounter both challenges and opportunities at the intersection of social media, credit reporting and bankruptcy law. This panel will begin by debunking common social media myths and scams that can complicate client advisement and the setting of realistic legal expectations. The panelists will then explore the complex relationship between credit reporting and bankruptcy, providing insights to help attorneys guide clients through financial restructuring. Finally, the discussion will highlight strategies for using social media to positively shape public perception and expand access to essential legal information.Learning Objectives:Explore common social media myths and scams that complicate client advisement and realistic expectation-setting.Analyze the intersection of credit reporting and bankruptcy.Discuss methods for using social media to positively influence public understanding and improve access to legal information. 

As more older adults seek bankruptcy relief, consumer cases increasingly involve issues beyond debt alone, including cognitive decline, exploitation, family interference and concerns about legal capacity. This panel will explore the real-world legal and human challenges that arise in elder consumer cases, and will offer practical guidance for recognizing and addressing these issues in bankruptcy practice.Learning Objectives:Attendees will understand the legal and practical issues that commonly arise when representing or working with elder debtors in bankruptcy.Attendees will recognize signs of diminished capacity, exploitation, and family conflict that may affect case administration and client representation.Attendees will learn strategies for handling these cases with greater awareness, professionalism, and sensitivity. 

Catch up with Ferris Bueller as he faces consequences from his infamous “Day Off.” Can Ferris navigate the Federal Rules of Evidence and manage the admissibility of information from the Wayback Machine’s archives? Will his debts be excepted from discharge? Join us and find out.

This panel will discuss the unique ways different courts are addressing merchant cash advance agreements (MCAs) under the Code within the context of sales versus loans and chapter 5 actions. In addition, the panelists will spot novel ways in which the agreements are getting tested under the Code, including under § 365, priority issues, tackling the “normal course of business” defense and the applicability of constructive fraud.Learning Objectives:Attendees will understand how courts are addressing merchant cash advance agreements under the Bankruptcy Code, including emerging approaches beyond the traditional sale versus loan analysis.Attendees will learn the key factors courts consider when determining whether a merchant cash advance constitutes a true sale or a disguised loan.Attendees will identify how merchant cash advance agreements are being challenged under chapter 5 and other provisions of the Code, including section 365, priority disputes, the ordinary course of business defense, and constructive fraud. 

This panel will explore the critical intersection of personal-injury claims and consumer bankruptcy practice by guiding attorneys through identifying, disclosing and managing personal-injury actions within a bankruptcy case to ensure compliance and maximize outcomes for clients. The panelists will discuss best practices for client intake, coordination with personal injury counsel, and proper disclosure on bankruptcy schedules. The panelists also will address emerging legal considerations, including a pending Supreme Court decision that could impact disclosure obligations and case strategy. Attendees will leave better equipped to protect their clients from costly missteps and ensure they are not disadvantaged in both arenas.Learning Objectives:Attendees will learn how to effectively identify and question debtors about potential or pending personal injury claims during the client intake process.Attendees will understand proper procedures for disclosing personal injury actions on bankruptcy schedules to ensure compliance and avoid adverse consequences.Attendees will gain practical strategies for coordinating with personal injury counsel and understanding the implications of recent and pending case law developments. 

The Prospect Medical decision treated preservation of the going concern as a form of adequate protection — opening the door to priming DIPs even when equity cushions are thin or nonexistent. Is this the start of a new doctrinal shift, or simply an outlier from the Northern District of Texas? This session examines what the case means for DIP financing, valuation and secured lender rights.Learning Objectives:Attendees will analyze the legal and practical implications of using going-concern value as a basis for adequate protection in priming DIP financing structures.Attendees will evaluate the impact of the Prospect Medical decision on debtor-in-possession financing, valuation disputes, and secured creditor rights.Attendees will assess whether recent case law signals a doctrinal shift in DIP financing standards or represents a limited, fact-specific deviation from established precedent.

This in-depth panel will navigate student loan discharges under the DOJ guidance. The panelists will demystify the process and provide practical, step-by-step guidance for attorneys taking on these cases.Learning Objectives:Attendees will identify and evaluate potential student loan discharge candidates under the DOJ Guidance.Attendees will understand the attorney retention process, including reviewing retainer agreements and advising clients on expectations.Attendees will analyze the DOJ attestation process, including key components of the attestation form and related filings.Attendees will develop the practical skills necessary to represent debtors seeking to discharge student loans in bankruptcy. 

The automatic stay is one of the most powerful and well-known protections in bankruptcy — but it’s not always as “automatic” as it seems. This panel will explore the gray areas and exceptions where the automatic stay's application is unclear, limited or even nonexistent. The panelists will cover who gets the stay, violations, repeat filers (including the ambiguity of § 362(c)(3)) and other nuanced issues surrounding the automatic stay in consumer cases. They also will discuss recent case law, practical pitfalls, and strategies for advising clients when the stay’s protection is uncertain or contested.Learning Objectives:Attendees will learn how to identify situations in which the automatic stay applies, including exceptions, limitations, and the nuances affecting repeat filers under Section 362(c)(3).Attendees will gain practical guidance on recognizing and addressing potential automatic stay violations, including strategies for advising clients when the stay’s protection is uncertain or contested.Attendees will understand recent case law and emerging trends that impact the application of the automatic stay in consumer bankruptcy cases, equipping them to navigate complex scenarios and avoid common pitfalls. 

In this session, we will explore the unique stressors facing members of the bench and bar and how these pressures affect professional performance and personal well‑being, with a particular focus on the negative impacts of multitasking and distraction and how they can be managed to improve overall well-being.