Consumer Bankruptcy

In today’s digitally connected world, attorneys face unique challenges and opportunities at the crossroads of social media, credit reporting and bankruptcy law. This panel will first debunk prevalent social media myths and scams that complicate client advisement and the setting of realistic legal expectations. Next, the panelists will delve into the nuanced relationship between credit reporting and bankruptcy, offering insights that enhance attorneys' ability to guide clients through financial restructuring. Finally, the discussion will highlight effective strategies for harnessing social media as a tool to positively influence public perception and expand access to critical legal information. Join us for an engaging session designed to equip legal professionals with practical knowledge and innovative approaches for navigating this evolving landscape.

This panel will provide guidance on identifying and addressing issues relating to personal-injury (PI) causes of action that arise (or are discovered) post-petition in consumer bankruptcy cases. When are they property of the estate? What disclosures are required, and when? How does judicial estoppel apply? In chapter 13 cases, does the debtor need court approval to retain and pay PI counsel? Is bankruptcy court approval required before the debtor settles a cause of action? The panelists will address these questions and more.

This panel canvasses practical tax-related considerations for consumer attorneys to help you avoid common pitfalls, including the impact of tax issues on the timing of filing, dischargeability, asset administration and exemptions; a survey of trust fund taxes, what they are, how they differ across the states, and what they mean for individual liability; the responsibilities of chapter 13 debtors from a tax perspective; and negotiating with taxing authorities.

Understanding and calculating income can be challenging when it isn't consistent. This panel will explore strategies for assessing income for individuals with variable earnings, including seasonal employees, gig workers, self-employed individuals, and those receiving overtime or bonuses. The panelists also will discuss best practices, tools and policy considerations to ensure accurate and fair income determination in complex financial situations.

This panel discusses recent regulatory changes that are affecting consumers or consumer bankruptcy across a wide swath of financial concerns, including cryptocurrency, changes at and to the Consumer Financial Protection Bureau, discharge and repayment of student loans, and changes to mortgage modification practices.

Navigating the intersection of ethics and practice management is critical for consumer bankruptcy attorneys. This session will explore the ethical obligations that arise in everyday practice, including client communication, case oversight, fee disclosures and managing high-volume dockets. The panelists will address common pitfalls and real-world scenarios that challenge compliance with the ABA Model Rules and local court requirements. Attendees will leave with practical strategies for maintaining ethical integrity while operating an efficient and sustainable consumer bankruptcy practice.

This panel will provide a general overview of dischargeability litigation under § 523 of the Bankruptcy Code, then delve into advanced litigation strategies derived from the panelists’ personal experiences in representing and adjudicating such matters. Understanding the far-reaching implications of the Supreme Court’s Bartenwerfer decision — allowing nondischargeable conduct to be imputed to debtors under applicable state law — will be the focal point of this panel’s discussion, which will highlight of a number of recent decisions applying Bartenwerfer to various dischargeability claims.

This panel will delve into myriad emerging issues in bankruptcy cases, specifically ones relating to or likely to affect consumer cases.

This session will cover recent Supreme Court and Sixth, Seventh and Eighth Circuit cases that you need to know about.

Join ABI Editor-at-Large Bill Rochelle for this fun and informative session as he and six judges address recent Second Circuit cases, and predict how the circuit will rule on tough questions on the way up. An attendee favorite!