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ABI-Live: Evolution of Consumer Bankruptcy Practice in the COVID-19 Era
What trends for consumer bankruptcy practice have emerged during the COVID-19 pandemic? What will consumer practice look like going forward? Join a panel of four experienced bankruptcy counsel as they discuss safety, case law trends and practical actions to take going forward. Some of the topics the panel will discuss include:
Actions chapter 13 trustees are taking to hold down costs while continuing to assist debtors.
Debtor counsel updates on practices that have developed due to the pandemic, including suspension of plan payments.
Creditor counsel initiatives, including notices of forbearance and agreed orders, so debtors may stay in their homes.
Variables that have caused consumer filings to drop precipitously due to the pandemic and what filing trends will look like moving forward.
Liquidating Assets
With many legal observers predicting an unprecedented tsunami of commercial bankruptcy filings, many companies will face challenges regarding the best strategies for liquidating their assets. This session will offer a range of options to consider, including § 363 sales, receiverships, Article 9 and other means of selling assets.
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The panelists will discuss the best practices for tricky Chapter 7s, Chapter 13 plan modifications filed pursuant to The CARES Act, tips for ensuring proper service, and a discussion of the current case law on 401(k) contributions and nunc pro tunc orders.
Great Debates
Alix v. McKinsey
Resolved: A financial advisor is required to disclose all connections, including the connections of its affiliates, when filing an application to be employed with the Court.
The Ethical Response to Client Misconduct
Resolved: If a client either refuses to comply with an obligation imposed by the Bankruptcy Code or Rules, or insists on taking action prohibited by the Code or Rules, the client’s attorney must file a motion to withdraw from representing the client and must disclose the disagreement regarding the client’s legal obligations.
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