Consumer Bankruptcy

In consumer Chapter 13 practice, successful plans are rarely accidental. This panel reframes the most common causes of plan failure into practical strategies for success, focusing on how attorneys can proactively navigate confirmation, compliance, and completion. Designed for consumer attorneys, the program addresses the issues that most often derail plans, and how to avoid them.

This panel will provide attendees with strategies to handle complex issues that can arise in consumer cases – sometimes common, sometimes not. Topics that will be covered include UCC-1 fixture filings, multi-filers, extensions or imposition of the automatic stay, and when a debtor should consider filing a Chapter 11 petition under Subchapter V. The panel will also discuss recent trends in consumer cases.

This session provides a practical roadmap for preparing and trying issues in consumer bankruptcy cases, with a particular focus on common consumer trial issues such as asset valuation and exemption disputes. Moderated by Judge Vaughan, the panel brings together judicial and practitioner perspectives to guide attendees through the critical stages of trial readiness, including pretrial preparation, discovery strategy, subpoena practice, evidentiary considerations, and effective trial presentation. In addition, the session addresses the financial considerations facing consumer practitioners, including strategies for structuring fees, obtaining court approval, and effectively getting paid for litigating consumer matters. The session emphasizes practical tips, best practices, and common pitfalls encountered in consumer trials. 

ABI’s Vice President-Research Grants will interview Prof. Emeritus Lois Lupica about the structure, progress and preliminary findings of her ABI Endowment-funded Financial Distress Research Project, which examined the tools and other forms of assistance consumer debtors have been using to improve their financial well-being, and determined which ones have proven to be the most successful.

Hosted by the Consumer Bankruptcy and Secured Credit Committees. This panel will explore common (and uncommon) examples of UCC liens in consumer cases. The panelists will discuss goods covered by Article 9, perfection issues, valuations and chapter 7 redemption issues, and will highlight key cases that are shaping the UCC landscape.

Join Judge Michelle Harner as she leads Professor Bob Lawless through a discussion of Debt's Grip, a recent book co-authored by Prof. Lawless, Pamela Foohey, and Deborah Thorne. In this interview, Judge Harner and Professor Lawless will examine the realities of financial struggle in the United States through the experiences of people who have filed for bankruptcy. The book uses data from the Consumer Bankruptcy Project combined with personal narratives to argue that most bankruptcies result from crises like job loss or medical emergencies, rather than irresponsibility.

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.