Consumer

This panel will address hot topics in the consumer bankruptcy world, including analysis of the UpRight decision and the ongoing evolution of fee arrangements.

This panel will review and debate issues regarding the new official form for chapter 13 plans, including how courts are tinkering with Rule 3015.1 — and why courts think they have the ability to do so.

A frequently asked question by an individual considering bankruptcy is, “What will it mean on my credit report?” This session is designed to help answer that question and other questions regarding credit reporting. What is a credit report? Who provides the information, and what gets reported? What are the range of scores, and what do they mean? How does chapter 7 impact an individual’s credit score going forward? How does chapter 13 impact it? What can an individual do if something untrue is reported? What can you do as the individual’s attorney to help out? What are a creditor’s responsibilities? Does it make any difference if some debts are reaffirmed? What is the effect of not reaffirming a mortgage or automobile purchase? How long does information stay reported? How does a bankruptcy by one spouse affect the credit of the nonfiling spouse?

This panel will address various discharge and dischargeability issues such as standing, imputation of knowledge and limitations on reopening cases.

The Constitution authorizes Congress to enact uniform bankruptcy laws, but attorneys know that many times the handling of consumer bankruptcy cases can seem just like real estate: location, location, location! This session will compare local consumer bankruptcy rules and procedures in the Eastern District of Michigan with those of the Western District of Michigan. It will cover the things that consumer bankruptcy attorneys who practice on both sides of the state need to know about the differences in the specific procedures of each of those courts regarding the preparation and filing of motions, conducting evidentiary hearings, chapter 13 plans and confirmation hearings, § 341 meetings, reaffirmation agreements, use of special-appearance attorneys, ethical implications of running a multidistrict practice, management of adversary proceedings, and the scheduling and handling of small chapter 11 cases.

Calling all up-and-comers in the bankruptcy industry! Join us for this new, half-day program exclusively for emerging leaders attending the ABI Northeast Conference or Consumer Forum. We invite lawyers, financial advisors, bankers, etc. with less than 10 years of insolvency expertise, either consumer or business focus, to participate in an interactive program involving common insolvency issues facing junior insolvency professionals. Participants will break into small working groups led by emerging leader facilitators and bankruptcy judges to consider issues of substantive law as well as practical procedures for both the courtroom and boardroom. A reception for Emerging Leaders will immediately follow this program.

This panel will discuss the scope of mediation privilege, including waiving privilege with co-clients, privilege in regards to small firms, the "at issue" waiver doctrine, and ethics and privilege issues related to technology.

In this session, a panel of experts examines the potential pitfalls and divergent case law regarding compensation and ethical issues in bankruptcy.

This panel will discuss (a) interactions with clients who have mental health problems, lying clients and unreasonable clients; and (b) spousal conflicts, joint individual and business case conflicts, conflicts that arise when changing firms, and multiple-owner business case conflicts.

Secured lenders work with debtors and committees in large chapter 11 cases to modify the environment in which the chapter 11 estate proceeds. This panel will examine the contemporary attributes of negotiated modifications and accommodations in connection with cash-collateral stipulations, DIP financing agreements, bidding procedure orders and chapter 11 plans. The panel will also consider whether any of the typical compromises are questionable in light of decisions, such as Jevic, that challenge the ability of courts and constituents to modify the structure of the chapter 11 playing field.