Consumer

This panel will cover how to serve notice in a bankruptcy proceeding and will explain the difference between a contested proceeding and a simple notice under Rule 2002. The panelists will discuss how a notice can also become a contested proceeding by virtue of notice. Sounds confusing? It isn’t, yet it is incredibly important to ensure that due process is followed. You may have a lengthy list of creditors in your client’s chapter 13 case, but if only 15 creditors file claims, why should the remaining creditors be noticed after the claims deadline has passed? The panelists also will discuss the rules we now have that allow for limited noticing and limited titling under Rule 7004(b)(3).

Think you can cross-examine the opposing expert on her/his opinions that have been rejected or criticized in the past? Not so fast. What’s the appropriate premise of value? How many feet from the deathbed does the debtor have to be to adopt a liquidation premise? Does satisfaction of a contractual obligation conclusively establish reasonably equivalent value? Must you also avoid the obligation? What are the ways to establish compliance with industry standards under § 547(c)(2)? Will a fact witness suffice? What do you do when the opposing expert (or your own!) offers an opinion that’s not disclosed in the expert’s report? This panel of experts, litigators and a retiring judge will tackle these common-but-complex evidentiary issues.

The steep rise in student loan debt is one of the most pressing issues our country faces as it strives to create a more just and equitable society. Getting a college degree has become steadily more expensive, and graduates are often left with overwhelming debt burdens that sometimes take decades to repay. Coupled with the nondischargeability of student debt under the Bankruptcy Code, the “student debt problem” has become one of the most pressing issues of our time. This panel of experts will discuss how this problem could be addressed in a way that is equitable, fair and effective under the existing Bankruptcy Code, as well as possible reform.

This panel will discuss consensual vs. nonconsensual plans, disposable-income issues, real estate issues and getting paid.

Technology can be looked at as a business-enabler. Attorneys who want to move from manual or paper processes to an automated, streamlined, more efficient or paperless practice have a variety of options available. The choices are seemingly endless, but which options are the right fit for your practice? This panel will discuss some of the productivity suites, PDF-production software, case-management systems and other programs that are available to modernize consumer practice. Since when it comes to technology one size doesn't fit all, the panelists will highlight some general considerations that are applicable to attorneys in solo practices and to those in larger firms.

This panel will discuss the integration of student loans into your chapter 13 practice, particularly how to approach student loans with a consideration of potential litigation occurring during or as part of the chapter 13 process, and language that should be included within your chapter 13 plans to better assist your clients.

This panel will provide an update on the key technological issues facing practicing attorneys today, including cyberattacks, software needs, Zoom updates, electronic signatures, hybrid hearings and cryptotechnology, as well as decentralized autonomous organizations and tokenized assets (i.e., NFTs, metaverse and DeFi).