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Consumer

Consumer Issues Potpourri: What’s New, What’s Trending, and What Isn’t Trending that Should Be!

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.

Credit-Reporting

This panel will explore the basics of credit reporting, what to do when errors occur, and how to obtain a potential resolution. As part of this dialogue, the panelists will discuss relevant aspects of the Fair Credit Reporting Act and Fair Debt Collection Practices Act, the discharge injunction, and jurisdictional issues that may impact litigation of these disputes.

Deal-Breaker Documents

Bankruptcy attorneys must carefully review debtor documents every day, as small details could cause big headaches if they are not caught. This panel will discuss red flags to look for when reviewing security documents, powers of attorney, notarizations and other documents.

Emerging Issues in Consumer Bankruptcy

This panel will delve into emerging issues in bankruptcy cases, offering perspectives from practitioners, chapter 13 trustees and the bench. The panelists will focus on post-confirmation appreciation in asset values, such as who gets the appreciation if the house sells during the chapter 13 or if the case converts to chapter 7; early plan payouts, evaluating final payments before the end of the commitment period, hardship discharges and creative plan modifications; no-look and bifurcated fees; and end-of-case mortgage issue solutions.

Ethics Issues for Consumer Attorneys

This panel will discuss current ethical issues confronting attorneys who practice predominantly in the consumer bankruptcy arena, including attorney compensation and fees, potential conflicts of interest, limited representation/engagements, and counsel’s duty to investigate/"reasonable inquiry."
1 hour 1 minutes 28 seconds

Getting Comfortable with the Uncomfortable

This session will delve into the interaction between physical and cognitive limitations and the practice of law.

Litigation Skills

This panel will discuss how to develop litigation skills in the production, limitation and introduction of testimonial and documentary evidence. The panelists will cover strategies for both introducing evidence and dealing with objections to or limitations on an opponent’s evidence.

Mediation of Consumer Bankruptcy Issues

This panel will discuss the ins and outs of mediating consumer bankruptcy issues, including the types of issues typically mediated, selecting a mediator, and special considerations involved.
1 hour 1 minutes 20 seconds