Diversity, Equity, Inclusion and Belonging (DEI&B) in Consumer Bankruptcy: The “What, Why and How”
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.
The Anatomy of Hidden Assets (Including Valuation) in Consumer Cases: From Pre-Filing Considerations to the Evidentiary Process
The panelists will explore practice pointers professionals should consider when evaluating an individual’s case and assets at the pre-filing and post-filing stages, particularly if there is an inquiry from the case trustee and/or the Office of the U.S. Trustee, and the trial stage if litigation is instituted regarding an asset's value. Participants will learn about typical practice pitfalls when a debtor fails to adequately disclose and value certain assets.
13 or V? Putting Your Debtor in the Right Case
Subchapter V arrived in 2020, offering qualifying individuals a restructuring alternative to standard chapter 11 and chapter 13. So what are consumer bankruptcy lawyers so afraid of?! This panel will review the differences between chapter 13 and subchapter V by looking at eligibility and reporting requirements, estate administration, and the nuanced differences of plan confirmation and discharge in each chapter. The panelists also will compare and contrast chapter 13 and subchapter V trustees, and will use several hypotheticals to highlight how a debtor’s particular circumstances will ultimately determine the choice between a 13 or a V.
Real Property Nuances in Chapter 13: Post-Petition Property Appreciation and Avoidance Actions
This panel will focus on post-petition accrual of equity in real estate, the recent Supreme Court decision regarding tax violations, preferences, whether direct mortgage payments are considered “payments under the plan.”
The Sharing, Splitting, Unbundling, Factoring, Financing, Bifurcation and Disclosure of Debtors’ Attorneys’ Fees: Ethical Ramifications and What You Need to Know
This panel will discuss the ethical duties and obligations of debtor’s counsel when unbundling legal services in chapter 7 cases. From the marketing of no money/low money down to adequate disclosures, the nuances of fee bifurcation sometimes create a fine ethical line on which to walk. The panelists will provide practical advice on how to comply with ethical concerns, and will discuss how different districts across the country have addressed the issue.
Modern Techniques in Asset-Tracing
This panel will discuss the use of AI in insolvency proceedings, as well as service of process via social media in such recent cases as Three Arrows Capital (3AC).