Wisconsin State Approved Sessions

While there can be no doubt under our current system of jurisprudence that lower courts are bound by the published decisions of appellate courts, the question remains: What can a trial court do with broad pronouncements found in an appellate decision based on limited or dissimilar facts? Judge Michael will discuss the dilemma of interpreting and using appellate precedent.

On January 14, 2021, the Supreme Court ruled in the case of City of Chicago, Illinois v. Fulton that the mere retention of estate property after the filing of a bankruptcy petition does not violate 11 U.S.C. § 362(a)(3), which operates as a “stay” of “any act” to “exercise control” over the property of the estate. ABI Editor-at-Large Bill Rochelle will host a discussion with two leading bankruptcy academics who filed amicus briefs in the case, Profs. John Pottow of the University of Michigan Law School (Ann Arbor, Mich.) and Ralph Brubaker of the University of Illinois College of Law (Champaign, Ill.), to analyze the decision and its impact on future bankruptcy case law.

Sponsored by ABI's Business Reorganization Committee Please join us for an overview and discussion of chapter 11 cases addressing the nature and treatment of oil and gas gathering agreements. Since the 2016 decision in Sabine Oil & Gas, courts have grappled with whether midstream contracts contain real property covenants that “run with the land” and whether chapter 11 debtors can reject contracts with their midstream providers. In the most recent decisions on this issue (Extraction and Southland), the Bankruptcy Court for the District of Delaware found that the debtors’ gathering agreements did not satisfy the elements required to create such a real property covenant. This CLE will cover (i) foundational law and principles regarding contract rejection and covenants “running with the land”; (ii) an overview of seminal cases, including the most recent decisions in Extraction and Southland; and (iii) a discussion of potential implications of recent case law and guidance for parties navigating this issue.

Presented by NACBA This panel will focus on recent cases that have reexamined the proper application of the Brunner standard without the punitive standards, as well as cases that have distinguished and explained portions of § 523(a)(8) and why they don’t apply to all private student loans. Finally, the panelists will discuss the effect that the CARES Act has had on student loans.

Presented by the Hon. Steven W. Rhodes Consumer Bankruptcy Conference This session will address the impact that COVID-19 has had on consumer bankruptcy law practice, and what the post-COVID future might look like. The panelists will discuss how court policies and procedures have changed over the course of this health crisis, and will provide a high-level review of substantive issues that have been altered in consumer bankruptcy practice, such as mortgage-forbearance issues. The panelists also will share their experiences working to safely and effectively meet the needs of clients, manage firm business and improve remote work practices. Highlighted will be the importance of proper data-privacy and client-confidentiality measures, and the valuable role of staff productivity measures and tracking controls. The session will also delve into creating emergency-preparedness plans to uphold attorney duties and adequately meet the needs of clients and firm staff in the event of an emergency, untimely death or disability of a firm’s principal or key employee.

Presented by the Hon. Eugene R. Wedoff Seventh Circuit Consumer Bankruptcy Conference This session will provide a judge’s perspective on preferences for virtual hearings and trials, trustee and debtor attorney discussions on § 341 meetings, and best practices from U.S. Trustee and debtor’s attorney points of view.

Presented by NACTT Chapter 13 trustees will provide their perspectives on the overlooked benefits of chapter 13 in this session, as well as what constitutes a successful chapter 13 case.

Presented by the Hon. Eugene R. Wedoff Seventh Circuit Consumer Bankruptcy Conference The panelists will discuss § 348(f), bad-faith conversion, best-interest test, post-petition acquisitions, and dilemmas regarding the return of property, among other conversion issues.

Presented by the Hon. Steven W. Rhodes Consumer Bankruptcy Conference This session will focus on recent case law and the nuances of the means test, such as CMI, spousal adjustment, tax obligations, 401(k) contributions and rebutting the presumption of abuse. With perspectives from both the U.S. Trustee and debtor, the panelists will also take a deeper look at Schedules I and J compared to the means test, the totality-of-the-circumstances analysis, and objections to income and expenses, in both original and converted cases.

Presented by NABT Divorce and family separation often serve as the impetus for consumer bankruptcies. This panel will address the intersection between bankruptcy and divorce. For example, the State in which a bankruptcy is filed and the timing of the bankruptcy relative to the filing of a divorce can determine which marital assets are property of the bankruptcy estate. Further, the timing of the final judgment of dissolution of marriage can impact whether assets awarded to the debtor in the divorce can be property of the bankruptcy estate. This panel will also address whether a marital settlement agreement can be set aside as a fraudulent transfer.