Consumer

In 2024 alone, more than 517,000 bankruptcy cases were filed in the U.S., and bankruptcy judges issued an estimated 521 reported decisions, plus another 1,241 unreported decisions. How many of those cases and issues are you familiar with? You might know what the Supreme Court did in Purdue Pharma, what the Third Circuit did in Boy Scouts, what the Fourth Circuit did in Bestwall, and what bankruptcy courts are doing in cases like Red River Talc, Celsius and FTX, but do you know the latest trends in equitable tolling, chapter 5 avoidance claims and conversion rights? Bill Rochelle and this panel of esteemed bankruptcy judges will be holding a lively discussion of a few critical-but-under-the-radar decisions that you should be reading about but likely are not. You won’t want to miss this educational and eye-opening conversation!

This panel will explore best practices for selecting, preparing and effectively using expert witnesses in bankruptcy disputes, including in valuation, fraudulent-transfer and preference actions. The panelists will discuss common pitfalls, ethical considerations, and how opposing counsel can effectively challenge expert credibility and methodology. Attendees will gain practical tips for maximizing the value of expert testimony and avoiding costly missteps in contested bankruptcy matters. 

With a focus on providing practical advice, this panel examines issues that may arise with respect to personal property in consumer bankruptcy cases. The panelists address current case law and issues related to property of the estate, valuations, exemptions, garnishments and turnover. Whether you represent debtors, creditors or trustees, this session is sure to be a “Wicked” good time.

This session will explore the complex legal doctrines that define the rights and limitations of trustees and debtors in bankruptcy. The panelists will examine when trustees and debtors step into the shoes of the debtor, including how pre-petition rights and defenses impact the estate. The discussion also will analyze the application and limits of the in pari delicto doctrine, along with potential workarounds, and provide a close look at the Barton doctrine — its reach, exceptions, and whether protections continue after case closure. In addition, the panelists will consider the implications of the Fifth Circuit’s recent Highland Capital Management decision, including how gatekeeper provisions may reshape Barton protections for post-confirmation estate representatives.

Hosted by the Consumer Bankruptcy and Secured Credit Committees. This panel will explore common (and uncommon) examples of UCC liens in consumer cases. The panelists will discuss goods covered by Article 9, perfection issues, valuations and chapter 7 redemption issues, and will highlight key cases that are shaping the UCC landscape.

This panel will help you analyze the strategic twists and turns of taking bankruptcy appeals. When can you appeal? When should you? And if you have a choice of appellate courts (district court, BAP, court of appeals), how do you decide which to select? The panelists will share from their collective experience on both sides of the bench, including best practices — and perhaps a horror story or two.

Attendees will work through case problems in small judge-led groups.

This panel will discuss the forthcoming SCOTUS opinion in Purdue and other seminal cases of the year.

This panel will bring attendees up to speed on Zoom § 341s and best practices, as well as recent and important changes to chapter 13 administrative orders and forms, and will explore trends and tips for handling merchant cash advance (MCA) issues in consumer cases and mortgage-modification mediations. The panelists also will discuss income-driven repayment plans and highlight the DOJ's latest guidance on discharging student loans.