Consumer

Hosted by the Consumer Bankruptcy and Legislation Committees This panel will compare Sen. Elizabeth Warren’s bill with the ABI Consumer Commission’s Final Report, released in 2019, and will address consumer bankruptcy legislation that could be introduced this spring.

Bifurcated fee arrangements involve splitting the consumer chapter 7 engagement into pre-petition and post-petition fee arrangements that require little or no money down for the work required to finish the case. In several jurisdictions across the nation, however, bifurcated fee arrangements in chapter 7 cases are being challenged. This panel will review the complex issues related to these fee arrangements.

Successful consumer bankruptcy cases often hinge on the intake process, particularly the details gathered on the intake form. What questions should be asked? What resources should be used? Discover best practices for getting the right information from the very beginning, which can avoid all kinds of headaches later. (No one wants to discover a fraudulent transfer at the 11th hour!).

This session will cover one-day cases and the impact of the extraordinary and unforeseen changes in the economy. Are death-trap plans permissible or bad faith? The panelists will also discuss feasibility in a post-COVID world and RSAs.

The panelists will continue the conversation on confirmation by examining judicial vs. market valuation, valuation in light of Speedcast Int’l., equitable mootness, exclusivity termination, and the latest developments in § 363 sales.

Recent legislation and judicial decisions have changed consumer bankruptcy practice substantially over the last year. This panel will provide perspectives and analysis from the judiciary and debtors’ and creditors’ attorneys regarding the various legislative changes that have been enacted or proposed since early 2020, and will explore the ever-changing landscape of bankruptcy practice today. The panelists will also discuss the impact of recent Supreme Court and First Circuit decisions on consumer cases.

This panel will discuss options and issues surrounding distressed shopping centers, retail spaces, apartments, office buildings, and other distressed real estate assets, plus proactive planning for distressed real estate assets.

This panel will cover the ins-and-outs of nondischargeability, discharge injunction violations and how to avoid them and the recent BofA sanctions.

This panel will discuss the effects that the pandemic has had on both business and consumer bankruptcy filings, as well insolvency case work in general. The panelists will provide their insights on whether there will be permanent changes to bankruptcy and insolvency practice spurred by COVID-19. Sponsored by AlixPartners, LLP

A number of Important dialogues in recent years have addressed lawyers struggling with mental health issues and drug/alcohol problems. But what happens when it's the debtors and creditors who have these issues, such as small equityholders and former employees of chapter 11 debtors? This roundtable discussion will focus on the issues the industry sees on a daily basis — mostly in the consumer context, but not always.