Consumer

Representing public figures whose livelihoods depend on their public image and in remaining in the public eye, or individuals thrust into the public eye by perceived scandal, presents particular challenges to their bankruptcy lawyers. Flamboyance tends to catch the eye of judges and creditors, as well as fans and entertainment reporters. Scandal is a national pastime, so high-profile debtors catch the eyes of everybody. Representing creditors in those cases, and managing their expectations when outward appearances suggest no shortage of resources either because fame is equated with fortune or preservation of ill-gotten gains is presumed, also presents its own set of challenges. This multimedia session will be presented by lawyers who have lived through some of the highest-profile cases of recent years, and includes counsel in cases involving those who sought out the limelight, such as 50 Cent, Mike Tyson and Bob Guccione, and those who were thrust into it, such as David Drumm of Anglo-Irish Bank.

Efficient and effective preparation of petitions is a core competency for debtors’ lawyers. To that end, this panel will examine such issues as counsel’s duty to investigate a debtor’s financial affairs, best practices for doing so, appropriate use of staff, avoiding ECF misuse, and the consequences of failing to discharge these duties.

This panel will explore legal trends relating to rising real estate values in consumer bankruptcy cases, including issues related to stay relief, lien-stripping, reaffirmation agreements, and what could happen post-discharge if a debtor fails to act in conformity with his Statement of Intention. This panel will also address the current state of mortgage modification mediation programs and the latest happenings with the CFPB.

This panel will discuss data-retention concerns for bankruptcy trustees.

What happens when the lender or debtor is missing key documents or has inadequate documentation? What if there is a lack of original signatures? These and other practical topics will be discussed.

This ethics session will discuss the various disclosure obligations that exist in consumer cases.

This panel will explore cutting-edge issues dealing with the ethical implications of social media and advancing technology on the practice of law.

Presented by the Bankruptcy Taxation and Labor & Employment Committees