Consumer

What is fueling the rise in consumer case filings? This session provides a comprehensive update on national and local trends involving defaults and collection actions across various types of consumer debt. The panelists also examine the growth of emerging fintech products and offer practical guidance for navigating the resulting issues in consumer bankruptcy practice.Learning Objectives:Attendees will identify national and local trends in defaults and collection actions involving various types of consumer debt.Attendees will examine how the growth of emerging fintech products is affecting consumer debt and bankruptcy cases.Attendees will apply practical strategies for addressing default, collection and fintech-related issues in consumer bankruptcy practice.

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 panel provides an overview of emerging developments and current trends impacting consumer bankruptcy practice. The panelist discuss recent case law, legislative updates, procedural issues, and practical considerations affecting both debtors’ and creditors’ counsel in today’s consumer bankruptcy landscape.Learning Objectives:Attendees willidentify recent developments and emergingtrends affectingconsumer bankruptcy practiceandprocedure.Attendees will assess the impact of current case law and legislative updates on consumer bankruptcy matters.Attendees will apply practical strategies and best practices for addressing evolving issues arising in consumer 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. 

This panel covers current perspectives on student loan repayment options and means to achieve discharge.Learning Objectives:Attendees willanalyzethe procedural stages of a studentloan dischargecase, includingclientintake, caseassessment, and the draftingand filing of anadversary proceeding.Attendees willevaluate the application of the unduehardship standardand develop strategies for presentingeffectivefactual and evidentiarysupportin student loandischarge litigation.Attendees will examine practical litigation techniques and advocacy considerations involved in prosecuting and defending student loan discharge actions from inception through trial.

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. 

This session presents a practical deep dive into nondischargeability litigation in consumer bankruptcy, focusing on § 523(a)(2), (a)(4) and (a)(6) nondischargeability actions and denial of discharge under § 727. The panelists pair that substantive discussion with practical guidance on deadlines, litigation strategy, and the impact of collateral estoppel.Learning Objectives:Attendees will distinguish the grounds for nondischargeability under 11 U.S.C. § 523(a)(2), (a)(4), and (a)(6), as well as the grounds for denial of discharge under § 727.Attendees will identify key filing deadlines, procedural requirements, and strategic considerations in dischargeability and denial-of-discharge litigation.Attendees will evaluate how collateral estoppel may affect the proof, scope, and outcome of nondischargeability actions in consumer bankruptcy cases.

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. 

This comparative panel will explore how Midwestern states diverge on homestead exemptions, personal property protections and opt-out schemes, highlighting cross-border planning issues and recent cases shaping exemption disputes.Learning Objectives:Attendees will understand key differences among Midwestern state exemption schemes, including homestead exemptions, personal property protections, and opt-out frameworks.Attendees will analyze cross-border planning considerations and challenges arising from varying state exemption laws.Attendees will evaluate recent case law developments shaping exemption disputes and their practical implications for bankruptcy practice.