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Recovering and Protecting Legal Fees in Bankruptcy: A Real Gamble! (Consumer Cross-Over Panel)
This panel will discuss the various obstacles attorneys can encounter when collecting fees. The discussion will include enforcement of contractual and statutory rights to payment, over- and undersecured claims, preference claims arising from the payment of attorneys’ fees, fees incurred defending fee application objections, and other related issues.
Consumer Bankruptcy Law Update
This panel will include a survey of recent developments in consumer bankruptcy law and will discuss when filing a proof of claim for a stale claim is a violation of the FDCPA (e.g., CFPB v. Hanna Law Firm, chapter 13 attorneys’ fees after the Supreme Court decision of Viegelahn v. Harris, chapter 7 trustees’ ability to prime certain liens in favor of other creditors using § 724, state of student loan discharges), among other issues.
D&O Policies, Property of the Estate and Case Administration
This panel will discuss how the D&O insurance policy of a company in chapter 11 is impacted by the company’s filing, and will include property-of-the-estate issues, stay relief and court authorization, and how to use the proceeds to drive settlements.
How to Use Adversary Proceedings Process in Chapter 7 and 13 Cases
This panel will discuss how consumer attorneys can use chapter 5 avoidance actions and other adversary proceedings in chapter 7 and 13 cases.
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