Consumer

Individual Chapter 11—Does the Absolute Priority Rule and the Preconfirmation Use of the Debtor's Disposable Income Aphttp://cle.abi.org/ply in Individual Chapter 11 Cases?

Amendments to Fed. R. Bankr. P. 3001; payment of tax claims; if a debtor surrenders real property post-confirmation in a Chapter 13 case, can the creditor file a deficiency claim and be paid under the Chapter 13 plan?; treatment of claims for ongoing condominium dues that accrue post-petition in a Chapter 13 when the debtor proposes to surrender the collateral.

Mortgage Modifications and Loss Mitigation

What post-BAPCPA issues continue to challenge chapter 13 practitioners, and what challenges lie ahead for debtors, creditors and trustees? This panel will discuss the most recent changes affecting chapter 13 practice: the claims process and Bankruptcy Rule 3002.1, as well as the national settlements involving the largest players in the home mortgage industry.

Retirement Planning and Bankruptcy

Rule 3000 and Beyond: Filing and Objecting to Proofs of Claim in Compliance with the Rules Filing and Objecting to Proofs of Claim in Compliance with the Rules

The Graduate…Is Broke: The Effect of Student Loans on the Economy, Society and the Practice of Bankruptcy Law The Effect of Student Loans on the Economy, Society and the Practice of Bankruptcy Law

This panel will discuss domestic support obligation (DSO) and alimony/property settlement dischargability issues. When does the automatic stay apply and not apply? Should a bankruptcy be considered before, during or after the divorce? What about exemptions? In addition, the panel will discuss the threshold amount that a trustee is likely to pursue, as well as locating real estate assets and checklists for managing a real estate asset. The panel will also examine procrastination as the greatest enemy of a chapter 7 trustee, and pushing an asset liquidation to closing as quickly as possible.

When issues such as criminal fraud and embezzlement raise their ugly heads and there are potential nondischargeability issues, how do you guide a debtor through bankruptcy while still protecting his right not to incriminate himself? It is a delicate balance that affects all consumer attorneys, trustees and creditors. In this panel, practitioners will discuss strategies to aid in navigating the bankruptcy process when criminal charges are looming. The panel will consist of bankruptcy practitioners, criminal defense counsel and a trustee and will discuss how to help such debtors safely navigate the bumpy legal waters.