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Student Loans A-Z

This session will discuss student loan issues that arise both pre- and post-petition. Among the pre-petition issues are collection actions against borrowers, nonbankruptcy alternatives for borrowers, and legislative updates. Among the post-petition issues are the elements of nondischargeability under § 523(a)(8), classification of student loans in chapter 13 cases, preference actions to recover pre-petition payments on student debt and more.

Claims, Claims, Claims in Chapter 13 Cases

This session will cover chapter 13 claims issues, both from the creditor’s point of view (“What happens if I don’t file my claim by the bar date?”) and from the debtor’s point of view (“Can I file a protective claim?”), along with emerging claims issues regarding priority tax claims and nondischargeable post-discharge interest.

Forgotten and Overlooked Issues in Chapter 7

This session will discuss the various issues that exist in chapter 7 cases but are frequently overlooked, including § 350 motions to reopen, § 365(p) lease assumptions, § 366 utility motions, post-petition loan modifications, and debtors’ attorneys’ responsibilities regarding reaffirmations.

End-of-the-Road Issues in Chapter 13

This special session will focus on issues that frequently arise at the end of a chapter 13 case, including post-confirmation fee applications, notice of final cure issues, and other last-minute discrepancies as a debtor completes a chapter 13 case

Current Issues Regarding Objections to Discharge in Chapter 7 Cases

This session will focus on a number of highly debated discharge objection issues, including responsibilities and culpability of debtors’ attorneys, procedures and criteria for settling or dismissing a § 727 objection to discharge in an adversary proceeding, and the “selling” of discharges.

Law v. Siegel

This session will discuss Law v. Siegel and its implications for debtors’ exemptions,amendments to exemptions, and trustee tools to object to exemptions post-Law v. Siegel. This session will also explore the divergent case law emerging from the dicta in the Supreme Court’s opinion, and what it means to debtors and trustees going forward.

Oyez! Oyez! Oyez! Supreme Court Update

This session will focus exclusively on recent Supreme Court decisions in bankruptcy cases, including this term’s chapter 13 cases, fee disputes and Stern updates.

Litigating Stay Violations and Discharge Injunction Violations in Chapters 7 and 13

"This session will discuss the different procedures, legal standards, remedies, burdens of proof and case law applicable when litigating violations of the automatic stay and violations of the discharge injunction in both chapter 7 and chapter 13 cases. "

Witness Preparation

This year’s litigation session will focus on preparing a witness to testify in various bankruptcy circumstances, including § 341 meetings, Rule 2004 examinations, evidentiary hearings and trials. The session will also include “how to” and “how not to” demonstrations of witness preparation by experienced trial lawyers encompassing preparation for both direct testimony and cross-examination.