Wisconsin State Approved Sessions

A frequently asked question by an individual considering bankruptcy is, “What will it mean on my credit report?” This session is designed to help answer that question and other questions regarding credit reporting. What is a credit report? Who provides the information, and what gets reported? What are the range of scores, and what do they mean? How does chapter 7 impact an individual’s credit score going forward? How does chapter 13 impact it? What can an individual do if something untrue is reported? What can you do as the individual’s attorney to help out? What are a creditor’s responsibilities? Does it make any difference if some debts are reaffirmed? What is the effect of not reaffirming a mortgage or automobile purchase? How long does information stay reported? How does a bankruptcy by one spouse affect the credit of the nonfiling spouse?

The Constitution authorizes Congress to enact uniform bankruptcy laws, but attorneys know that many times the handling of consumer bankruptcy cases can seem just like real estate: location, location, location! This session will compare local consumer bankruptcy rules and procedures in the Eastern District of Michigan with those of the Western District of Michigan. It will cover the things that consumer bankruptcy attorneys who practice on both sides of the state need to know about the differences in the specific procedures of each of those courts regarding the preparation and filing of motions, conducting evidentiary hearings, chapter 13 plans and confirmation hearings, § 341 meetings, reaffirmation agreements, use of special-appearance attorneys, ethical implications of running a multidistrict practice, management of adversary proceedings, and the scheduling and handling of small chapter 11 cases.

This session will discuss both prosecuting and defending § 523 exceptions to discharge adversary proceedings. Rather than cover the substantive law governing what is dischargeable, this session will concentrate on strategies for prosecuting and defending these adversary proceedings, including what must be pled to state a claim for relief, strategies for filing motions to dismiss and motions for summary judgment, understanding when collateral estoppel or res judicata from prior litigation has an effect, strategies regarding settlement and mediation, advising clients on options for settlement vs. litigation, and discovery issues and trial strategies.

This year the conference opens with ABI Talks, one of our highest-rated programs ever! Based on the incredibly popular “TED Talks” format, ABI Talks address diverse and interesting bankruptcy topics. If you consider yourself a bankruptcy guru, or just want to be one, you will not want to miss this featured session! DID THAT REALLY HAPPEN IN COURT TODAY? Judge Carey will take a reminiscent trip through a typical day in court by recounting the successful presentations and skill sets employed by lawyers that work really well for him, as well as the ones that don’t — all in an entertaining and informative way. #METOO: WHERE I’VE BEEN, AND WHERE BANKRUPTCY PROFESSIONALS ARE GOING Cathy Hershcopf graduated from law school in 1985 and entered into “big law” restructuring practice immediately — a world where women were rarely found. Her personal journey is one that will resonate, especially in today’s environment. Her impactful talk will also present, in an interactive format, several challenging fact scenarios from the legal workplace for the audience to consider. SOVEREIGN CITIZENS MOVEMENT (BEST MID-ATLANTIC BANKRUPTCY WORKSHOP PROGRAM) Tom Horan will introduce everyone to the beliefs of sovereign citizens — a loose collection of individuals who contend that the U.S. government is illegitimate and who seek to transform American society into one where government plays a minimal role. Find out what happens when their belief system collides with the Bankruptcy Code and the courts. A ROSE IS A ROSE IS A ROSE — OR IS IT? Is a deposit in a bank a transfer of the debtor’s assets? Ron Peterson will discuss this and more, as well as review appellate court decisions of the Fourth, Sixth, Seventh and Ninth Circuits. THE JAY ALIX/MCKINSEY DISPUTE: "SOUR GRAPES" TEMPEST IN A TEAPOT, OR THE NEW NORMAL? Tom Salerno will explore the dynamics of the extraordinary pending litigation involving retention disclosures between McKinsey & Co. and Jay Alix, and will discuss the potentially far-reaching legal, political and practical ramifications of that dispute for the restructuring community on all sides of the industry. Is this a tipping point for the bankruptcy world that will create a new industry order, or just a “sour grapes,” spurned advisor’s tempest in a teapot?

The way that we practice law is changing, as the legal industry is going through a dramatic digital transformation. Cybercriminals are increasingly seeing law firms as targets for cybercrime, and clients are putting pressure on professionals to create and maintain appropriate security programs to keep their data secure. This panel of experts will discuss the current state of cybersecurity, as well as best practices for how to protect yourself from and respond to a cybersecurity attack. We will also explore how blockchain technology may be the tool of the future to keep data secure.

Limited liability companies did not exist when the Bankruptcy Code was enacted. Case law related to LLCs and bankruptcy is conflicting and sometimes confusing. This panel will discuss the unique issues related to LLCs and bankruptcy law.

This panel of experienced professionals will discuss and analyze what it takes to maximize results for unsecured creditors in today’s chapter 11 cases.

This panel will discuss recent ethics opinions and modern issues facing consumer practitioners.

Hosted by the Bankruptcy Litigation and the Commercial & Regulatory Law Committees Breaking stories on blockchain or cryptocurrency seem to hit the news daily. Litigating issues involving this new area presents challenges, as there is no central issuing or regulatory authority. There are no official clearinghouses or oversight by financial institutions, and users act autonomously in transactions. This panel will discuss the various measures of protection for cryptocurrency players in the financial industry and how to litigate the complex issues.

Join leading bankruptcy scholars Professor Ronald J. Mann (Columbia), Professor Margaret Howard (Washington & Lee) and Professor Ralph Brubaker (University of Illinois) as they discuss Professor Mann's recent book, Bankruptcy and the U.S. Supreme Court. The presentation will not only focus on the most important bankruptcy decisions by the Supreme Court but also on the decision-making process that the Justices undertake to reach their conclusions. This session should not be missed!