Consumer

This will be a lively discussion of the latest cases involving student loan dischargeability and issues related to litigating in this area, including what constitutes “undue hardship”, the Brunner Test, consideration of income-based repayment programs and other related topics.

This panel will focus on the changing tides of chapters 7 and 13 due to recent legislation, including the CARES Act, Consolidated Appropriations Act, Bankruptcy Administration Improvement Act of 2020 and other nonbankruptcy legislation/policies that have an impact on bankruptcy filings. The panelists also will take a peek at what is on the horizon for potential new legislation.

This panel will explore some of the nasty topics that keep consumer lawyers awake at night, such as HOA/timeshare issues, surrendering in light of no foreclosure, and fee-jumping.

A year into the global pandemic, U.S. businesses and consumers remain affected in unprecedented ways. This panel of public policy and insolvency experts will share their insights and answer questions relating to the most recent federal stabilization programs, including updates to the PPP program, relief for municipalities and other relief provisions. The panelists will also discuss the administration's priorities and additional potential congressional action. Sure to be part of the discussion are student loans, the Consumer Bankruptcy Reform Act and the SBRA.

Subchapter V is the newest option for debtors to reorganize in bankruptcy. Learn from a panel of experienced subchapter V trustees what it is all about and how subchapter V has changed the bankruptcy landscape for the better.

Rule 3002.1 exists to protect debtors and creditors from unnecessary disputes over the status of current and former chapter 13 debtors’ mortgage loans. A recent Second Circuit opinion (In re Gravel) calls into question the ability of bankruptcy courts to impose monetary sanctions on mortgage-servicers that fail to comply with Rule 3002.1’s requirements. In this session, the panelists will cover both Gravel (and the dissent) and a recent bankruptcy court opinion (In re Blanco) that rejects the reasoning in Gravel. Can the two cases be reconciled? What is the standard that must be established to justify the imposition of sanctions when mortgage-servicers fail to comply with Rule 3002.1’s requirements, and what are the limitations on the amount of sanctions that can be considered appropriate? The panelists will discuss these questions along with additional legal actions and notices that consumer attorneys should take in these cases, as well as using an adversary proceeding in lieu of a motion.

To make meaningful progress, legal professionals and the organizational cultures they inhabit must adopt a learning goal orientation and be willing to change. Join this keynote panel of legal professionals from across the nation for an active discussion on the business impacts of racial and gender diversity, equity, and inclusion within the legal industry. The panel will begin with a plenary session followed by breakout rooms.

The panelists will compare the leniency of bankruptcy courts vs. state courts in regard to real estate, including their flexibility on assumption/rejection and delayed rent payments, and the resulting impact on commercial properties and law firms, as well as adequate protection. The implications of the Fulton decision will also be discussed.

To ease the financial fallout from the pandemic, there could be increased congressional interest in consumer bankruptcy reform. Sen. Elizabeth Warren and Rep. Jerrold Nadler already have proposed a complete overhaul of the consumer bankruptcy system and a new chapter 10 for all individual debtors. Several pending legislative proposals would make it easier to discharge student loans in bankruptcy. Profs. Robert Lawless and Adam Levitin will explain these proposals, the motivating factors behind them, and what else might be coming in the consumer bankruptcy world.

For many distressed businesses, factoring loans — where third-party companies provide advances on invoices due — can be lifelines. This session will discuss this trending topic, as well as the dischargeability of nonpriority taxes for late-filed tax returns, and cryptocurrency.