Consumer

Bankruptcy judges will discuss the most talked-about current events and controversial opinions in the insolvency world with ABI Editor-at-Large Bill Rochelle.

ABI Editor-at-Large Bill Rochelle will lead a discussion with regional bankruptcy judges on insolvency's most talked-about current events and controversial opinions.

Because of its amorphous nature; making the case for diversity, equity, inclusion and belonging (DEI&B) is sometimes a difficult one — especially in the context of consumer bankruptcy. While larger law firms and corporations have begun to embrace and incorporate DEI&B initiatives, the influence of DEI&B is far more elusive in the consumer bankruptcy context. This panel will discuss the challenges faced by smaller consumer firms regarding DEI&B and, by explaining the “what, why and how” for DEI&B, will propose possible solutions for creating a more inclusive environment.

Advising and interacting with clients remotely, with a strong reliance on electronic rather than in-person communications, is the reality for most bankruptcy professionals in a post-pandemic world. This session will focus on the resulting ethical issues facing consumer practitioners, including issues regarding the verification of debtor identity, authority issues regarding the use of client signatures, protection of confidential client information, conduct during telephonic (or video) § 341 meetings, and ethical obligations in the face of data breaches. The panelists will use hypothetical scenarios to demonstrate the ways in which these ethical issues often arise, and will discuss best practices to handle these issues, as well as highlight potential access-to-justice problems that clients can face.

This session will provide a detailed look at homestead and tenancy by the entirety exemptions, as well as retirement assets in bankruptcy.

This panel will explore the thorniest questions that have plagued the courts and created circuit splits regarding consumer bankruptcies, including: Does the Bartenwerfer rule only apply to partnerships and agencies; how much, if anything, may chapter 13 debtors contribute to 401(k)s; who gets post-petition appreciation in a home in chapter 13; and are trustees paid if dismissal precedes confirmation?

In this session, financial professionals will discuss understanding the client's current financial situation, tax implications of attorney decisions, and how to build projections and budgets.

Regional judges will strive to answer questions on current issues.