Consumer Bankruptcy Committee

Hosted by ABI's Consumer Bankruptcy Committee With the climate of COVID-19 in the rearview mirror, the consumer bankruptcy process now largely resembles the normalcy that had been elusive during the pandemic. However, remnants of COVID legislation have influenced escrow accounts of consumer debtors and consequently impacted mortgage creditor proofs of claim. Starting with Regulation X and how to perform an escrow analysis, this presentation will discuss escrow and proofs of claim, post-petition escrow accounting (payment change notices under Bankruptcy Rule 3002.1(b)), and the effects of the CARES Act on the treatment of escrow in chapter 13 proceedings.

Hosted by ABI's Consumer Bankruptcy Committee One of the fundamental objectives to consumer bankruptcy is the idea of a fresh start – but when should that fresh start begin? In this webinar, we will ask the simple question: who gets the benefits when a property appreciates during the course of a reorganization? The answer to this question may surprise you. Join a distinguished panel from the bar, academia, and the bench in this webinar to unpack the complex debate surrounding this seemingly simple but multifaceted question.

How can you tell whether your next case will have a successful outcome? In this fast-paced, entertaining session, panelists will examine over a dozen key U.S. industries, comparing their performance before and during the pandemic — and even toss in a few post-pandemic prognostications. Discover the key indicators that can predict how your next case might go.

Hosted by the Bankruptcy Litigation and Consumer Bankruptcy Committees This panel will discuss the current state of the law and open issues regarding the automatic stay, discharge injunction and sanctions in light of the Supreme Court’s rulings in Fulton v. City of Chicago and Taggart v. Lorenzen.

Hosted by the Consumer Bankruptcy and Legislation Committees This panel will compare Sen. Elizabeth Warren’s bill with the ABI Consumer Commission’s Final Report, released in 2019, and will address consumer bankruptcy legislation that could be introduced this spring.

Sponsored by ABI's Consumer Bankruptcy Committee It is commonly understood that student loans are nearly impossible to discharge in bankruptcy. The standard has become mythical — akin to a “certainty of hopelessness.” Are the Brunner and totality-of-the-circumstances tests realistic standards? If not, what should legislators consider as an alternative? Will successful litigation break the mythical standard, and what could that look like? The prevalence of these cases is increasing every day, as courts are asked more often to evaluate the appropriateness of, and apply, these impossible standards. Simultaneously, the total amount of U.S. student loan debt continues to accelerate toward $2 trillion. Join ABI’s Consumer Committee as two consumer bankruptcy experts, Ed Boltz and Ray Hendren, debate what can — and should — come next.