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Student Loans: An Overwhelming Problem in Need of Some Solutions
Repayment of student loans is a serious problem for many individuals. This session will focus on both nonbankruptcy and bankruptcy ways of dealing with student loans. What nonbankruptcy options exist to deal with student loans? What are income-based repayment programs, and do they work? What other nonbankruptcy creative strategies can be employed? What does it take to discharge a student loan under § 523(a)(8)? Is the Brunner test the only option? What other legal standards may apply? What are the options in chapter 13? Do student loan claims count for purposes of eligibility debt limits? Can student loans be separately classified and paid differently than other unsecured claims? Should a chapter 13 debtor file a § 523 complaint and, if so, when? What are some possible legislative solutions to student loan problems?
1 hour
11 minutes
8 seconds
Race and Bankruptcy
The panelists will lead a discussion about the relationship between race and bankruptcy, including decisions on whether to file, under what chapter to file, and the impact of race on professionals and other actors in the bankruptcy system. This session will also address the research about biases and perceptions regarding race and bankruptcy and what can be done about them.
1 hour
16 minutes
16 seconds
Annual Case Law Update (Hon. Steven W. Rhodes Consumer Bankruptcy Conference)
The most popular session each year, this annual favorite will cover all recent bankruptcy law decisions and current consumer bankruptcy law issues. This session is a must-attend for professionals to stay current on consumer bankruptcy law issues.
1 hour
44 minutes
52 seconds
Nobody Understands Me: How the Hybrid Role of a Chapter 13 Trustee Affects Debtors and Creditors
Chapter 13 trustees are unique. Unlike chapter 7 trustees, they do not take possession of a debtor’s assets. Yet the Bankruptcy Code imposes some responsibilities on them with respect to property of the estate. It also imposes responsibilities on them to assist a debtor. This session will focus on understanding the hybrid nature of the trustee’s role in chapter 13 cases, and how it impacts issues and strategies for debtors and creditors in chapter 13. Can a chapter 13 trustee sell property under § 363? Can a chapter 13 trustee recover preferences under § 547 or fraudulent conveyances under § 548? What are the trustee’s duties regarding the continuing prosecution of litigation brought by a debtor pre-bankruptcy to recover from a third party? What are the chapter 13 trustee’s duties regarding filing proofs of claim on behalf of creditors? What must a chapter 13 trustee do to assist a debtor?
1 hour
5 minutes
29 seconds
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