Consumer

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 explores the evolving landscape of mortgage-servicing in bankruptcy under Federal Rule of Bankruptcy Procedure 3002.1, with a focus on recent developments following the Klemkowski decision. The panelists discuss practical implications for servicers, debtors and practitioners, including notice requirements, fee and escrow claim procedures, and common compliance pitfalls. The panelists also will provide guidance on how courts are interpreting Rule 3002.1 and what the Klemkowski ruling means for future practice and litigation strategy.Learning Objectives:Attendees will understand the requirements of Rule 3002.1 and recent developments affecting mortgage-servicing practices in bankruptcy cases.Attendees will analyze the impact of the Klemkowski decision on notice obligations, fee claims and escrow-related disputes.Attendees will identify compliance risks and develop strategies for effectively litigating and resolving Rule 3002.1 issues.

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. 

This session is geared toward consumer chapter 7 and 13 practitioners looking for an in-depth discussion of pre-filing planning and strategies that will pass muster, and analyzing the difference between planning that falls within ethical and statutory expectations, and those that cross the line, putting attorney and client at risk.Learning Objectives:Attendees will identify lawful and effective pre-filing planning strategies for consumer chapter 7 and chapter 13 cases.Attendees will distinguish permissible prebankruptcy planning from conduct that may violate ethical duties, statutory requirements, or applicable bankruptcy rules.Attendees will evaluate the potential risks and consequences to attorneys and clients when pre-filing strategies cross legal or ethical boundaries.

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. 

This panel provides a practical overview of key tax considerations and recent developments affecting bankruptcy cases.Learning Objectives:Attendees will distinguish the treatment of various tax obligations in bankruptcy, including dischargeability, priority status, and secured tax claims.Attendees will assess recent legal and procedural developments affecting the administration of tax-related issues in consumer bankruptcy cases.Attendees will develop practical strategies for addressing tax planning considerations, compliance issues, and disputes arising in bankruptcy proceedings.

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.