Consumer

The panelists will discuss the findings of the ABI Commission on Consumer Bankruptcy, focusing on three areas of great interest to the Commission: (1) student loans; (2) how attorneys get paid; and (3) a “reserve fund” for chapter 13s so that debtors can save for unexpected emergency expenses.

This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country, who will share their thoughts and perspectives — and take questions from the audience — on topics of current interest in both business and consumer cases.

This panel is a great way to stay ahead of your peers and adversaries! The panelists present a cutting-edge review of the most important decisions of the day that could impact your practice.

Where is the line between zealous advocacy and unethical conduct? What role does civility play in the legal profession and in our system of justice? How does the practice of civility — even when the judge isn’t there to see it — impact our clients’ interests and our profession? These are just some of the questions this panel will explore as it examines the leading issues in ethical conduct and civility — both in and out of the courtroom.

This session will focus on pending legislation that may affect your practice, and on ABI’s latest recommendations regarding personal bankruptcies. What are the latest developments and strategies to address student loans? Is a legislative fix for the student loan crisis really in the works (H.R. 2366)? What would the small business bankruptcy bill do, and where does it stand? Will veterans' benefits become exempt from means testing? The session will also cover other notable legislative actions, as well as the key takeaways from the Final Report of the ABI Commission on Consumer Bankruptcy.

Bankruptcy and student loans do not mix because of Brunner, but as outstanding student loan debt nationwide has risen to $1.5 trillion and climbing, there is a huge need for a solution to the student loan debt crisis. During this session, you will learn the different options student loan debtors have, and identify ways to be compensated for your services. Also, you will receive an inside look from a chapter 7 trustee on how to identify (and hopefully avoid) the pain that could come with a dreaded tuition clawback.

Financial difficulties, especially bankruptcy, are among the most traumatic events an individual can experience. This session will focus on some of the mental health issues that can arise when advising clients with financial difficulties, and in filing and going through bankruptcy. How do mental health issues influence consumer credit choices? What resources are available for you to refer to your clients to help them cope with financial difficulties and bankruptcy? How do mental health issues impact a debtor’s ability to obtain a discharge of student loans? What legal standing must be shown to take action on behalf of a mentally ill individual who is either filing a bankruptcy case or is a debtor in a pending case? What are the best practices for interacting with debtors who have mental health issues?

Most individual chapter 7s proceed seamlessly from petition to discharge, but an effective practitioner must be able to identify and manage those difficult cases where obstacles to discharge abound. How do you identify chapter 7s with potential problems (debtors with businesses, searching public records for assets and transfers, requesting and reviewing documents in advance of filing, effective communication, etc.)? The session will also discuss how to manage chapter 7s that go sideways (staying on top of trustee document-production requests, 2004 exams, objections to discharge, and negotiating effectively with the trustee), how to get paid (supplemental 2016(b) statements, new retainers and retention agreements, what’s covered by the original retainer agreement), and when and how to get out (declining to file messy cases to avoid consequences for you (malpractice) or your client), as well as withdrawing for lack of post-petition payment for new work or client cooperation.

Please also see Part 1 at https://cle.abi.org/product/consumer-workshop-i-my-cousin-vinny-evidence-and-trial-skills