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Consumer

Consumer Hot Topics (2020 Southeast Virtual Bankruptcy Workshop)

This panel will address some of the coronavirus-related issues currently facing debtors in chapters 7 and 13, including the effects of the CARES Act on consumer filings, the role of exempt assets in good-faith analyses and disposable-income calculations, and how to address business issues in consumer cases.

COVID-19 and Bankruptcy

Presented by the Hon. Steven W. Rhodes Consumer Bankruptcy Conference This session will address the impact that COVID-19 has had on consumer bankruptcy law practice, and what the post-COVID future might look like. The panelists will discuss how court policies and procedures have changed over the course of this health crisis, and will provide a high-level review of substantive issues that have been altered in consumer bankruptcy practice, such as mortgage-forbearance issues. The panelists also will share their experiences working to safely and effectively meet the needs of clients, manage firm business and improve remote work practices. Highlighted will be the importance of proper data-privacy and client-confidentiality measures, and the valuable role of staff productivity measures and tracking controls. The session will also delve into creating emergency-preparedness plans to uphold attorney duties and adequately meet the needs of clients and firm staff in the event of an emergency, untimely death or disability of a firm’s principal or key employee.
1 hour 13 minutes 19 seconds

COVID-19 Economic Fallout: Consumer Issues

Sponsored by Hinkle Law Firm LLC The panel will examine four distinct emerging issues in consumer cases that are related to the effects of COVID-19: (1) the decrease in cases; (2) remote signings and appearances; (3) national and local moratoriums on foreclosures and evictions and similar protective measures; and (4) the legislative efforts to increase the chapter 13 debt limits.
1 hour 14 minutes 52 seconds

Duties and Obligations upon Conversion

Presented by the Hon. Eugene R. Wedoff Seventh Circuit Consumer Bankruptcy Conference The panelists will discuss § 348(f), bad-faith conversion, best-interest test, post-petition acquisitions, and dilemmas regarding the return of property, among other conversion issues.
1 hour 14 minutes 50 seconds

Family First: Bankruptcy and Family Law

Domestic support obligations versus separation of debt, § 523(a)(5) and (a)(16), and concurrent jurisdictions between bankruptcy and state courts.

Hot Consumer Topics

The panelists will discuss the best practices for tricky Chapter 7s, Chapter 13 plan modifications filed pursuant to The CARES Act, tips for ensuring proper service, and a discussion of the current case law on 401(k) contributions and nunc pro tunc orders.

Issues with Means Testing and Schedules I and J

Presented by the Hon. Steven W. Rhodes Consumer Bankruptcy Conference This session will focus on recent case law and the nuances of the means test, such as CMI, spousal adjustment, tax obligations, 401(k) contributions and rebutting the presumption of abuse. With perspectives from both the U.S. Trustee and debtor, the panelists will also take a deeper look at Schedules I and J compared to the means test, the totality-of-the-circumstances analysis, and objections to income and expenses, in both original and converted cases.
1 hour 13 minutes 5 seconds

It Ain’t Over ’Til It’s Over: Identifying and Addressing Issues Arising at the End of Chapter 13 Cases

Presented by NCBJ Don’t be caught off-guard by the many issues that debtors, creditors and attorneys face near the completion of chapter 13 cases. This session will help you identify and resolve the many issues that develop at this critical time in the lifespan of a chapter 13, including the payment of outstanding attorneys’ fees, managing a default after 60 months, handling notices of final cure, defaults on direct payments, and the impact of the CARES Act on a debtor’s options in completing a plan.
1 hour 15 minutes 7 seconds

It's About You: Mental Health, Professionalism and Burnout

“Burnout” is officially classified as a legitimate medical diagnosis by the World Health Organization in its International Classification of Diseases handbook, which guides medical providers in diagnosing diseases. According to the handbook, a stressed-out, unhappy attorney who does not want to practice law any longer can be “officially” diagnosed with burnout if he or she meets certain symptoms. Burnout is a syndrome conceptualized as resulting from chronic workplace stress that has not been successfully managed, and it is characterized by three dimensions: feelings of energy depletion or exhaustion; increased mental distance from one’s job, or feelings of negativism or cynicism related to one's job; and reduced professional efficacy. This session will shine a spotlight on practitioner mental health and coping with burnout and stress.
1 hour 11 minutes 48 seconds