Consumer Bankruptcy

With more than half of civil cases in many courts involving at least one self-represented party, pro se appearances are now the norm rather than the exception. This panel examines how to navigate these cases effectively — balancing efficiency with fairness, preserving due process, and avoiding the pitfalls of lay practice while ensuring that all parties are heard.Learning Objectives:Attendees will identify the unique procedural and practical challenges presented by self-represented litigants in bankruptcy and other civil proceedings.Attendees will analyze strategies for balancing judicial efficiency, fairness and due process when managing cases involving pro se parties.Attendees will apply best practices for communicating with self-represented litigants, addressing lay-practice issues and maintaining the integrity of the judicial process while ensuring all parties are heard.

This panel explores the evolving and fact-intensive concept of good faith in chapter 13 bankruptcy, with a focus on plan confirmation and post-confirmation modifications. The panelists examine how courts interpret “good faith” under §§ 1325 and 1329, common red flags that can trigger bad-faith findings, and key strategic considerations for trustees, debtors’ counsel and creditors when modifications are proposed. Through statutory analysis, leading case law and practical examples, the panelists address when plan confirmation calls into question the good faith of the debtor and/or their counsel and proposed modifications cross the line from legitimate adjustment to improper use of the Bankruptcy Code. Topics include income and expense changes, serial or late-stage modifications, treatment of unsecured creditors, disclosure obligations, and the role of debtor conduct before and after confirmation.Learning Objectives:Attendees will understand the good-faith requirements of §§ 1325 and 1329 and how courts evaluate good faith in chapter 13 plan confirmation and post-confirmation modification proceedings.Attendees will identify common factual circumstances and litigation issues that can trigger good-faith challenges, including changes in income and expenses, serial filings, disclosure obligations and debtor conduct.Attendees will analyze recent case law and practical strategies for evaluating, prosecuting or defending plan confirmation and modification disputes involving allegations of bad faith.

This panel explores the evolving landscape of mortgage-servicing in bankruptcy under Federal Rule of Bankruptcy Procedure 3002.1, with a focus on recent developments following the Klemkowski decision. The panelists discuss practical implications for servicers, debtors and practitioners, including notice requirements, fee and escrow claim procedures, and common compliance pitfalls. The panelists also will provide guidance on how courts are interpreting Rule 3002.1 and what the Klemkowski ruling means for future practice and litigation strategy.Learning Objectives:Attendees will understand the requirements of Rule 3002.1 and recent developments affecting mortgage-servicing practices in bankruptcy cases.Attendees will analyze the impact of the Klemkowski decision on notice obligations, fee claims and escrow-related disputes.Attendees will identify compliance risks and develop strategies for effectively litigating and resolving Rule 3002.1 issues.

This session is geared toward consumer chapter 7 and 13 practitioners looking for an in-depth discussion of pre-filing planning and strategies that will pass muster, and analyzing the difference between planning that falls within ethical and statutory expectations, and those that cross the line, putting attorney and client at risk.Learning Objectives:Attendees will identify lawful and effective pre-filing planning strategies for consumer chapter 7 and chapter 13 cases.Attendees will distinguish permissible prebankruptcy planning from conduct that may violate ethical duties, statutory requirements, or applicable bankruptcy rules.Attendees will evaluate the potential risks and consequences to attorneys and clients when pre-filing strategies cross legal or ethical boundaries.

This panel covers the ethical and practical considerations when representing spouses, or a small business owner and/or their small business. Who’s the client and when is that determined, when does an individual or entity need separate counsel, what conflicts can be waived and how, what’s privileged and what’s not, and whose privilege can a trustee waive?Learning Objectives:Attendees will identify common conflict of interest scenarios that arise in consumer bankruptcy representations, including joint spousal filings and co-debtor situations, and evaluate appropriate strategies for addressing or avoiding those conflicts under applicable professional responsibility rules.Attendees will analyze the scope and limitations of attorney-client privilege and confidentiality obligations in the consumer bankruptcy context, including how disclosure obligations to the court and trustee interact with duties owed to the client.Attendees will apply ethical frameworks and best practices for managing challenging client relationships in consumer bankruptcy matters, including navigating candor obligations, informed consent, and withdrawal considerations when conflicts or privilege issues arise.

What is fueling the rise in consumer case filings? This session provides a comprehensive update on national and local trends involving defaults and collection actions across various types of consumer debt. The panelists also examine the growth of emerging fintech products and offer practical guidance for navigating the resulting issues in consumer bankruptcy practice.Learning Objectives:Attendees will identify national and local trends in defaults and collection actions involving various types of consumer debt.Attendees will examine how the growth of emerging fintech products is affecting consumer debt and bankruptcy cases.Attendees will apply practical strategies for addressing default, collection and fintech-related issues in consumer bankruptcy practice.

This freewheeling, unscripted session, led by ABI’s Editor at Large Bill Rochelle, features three bankruptcy judges (one retired) and an experienced bankruptcy practitioner-turned-law-professor sharing their views on a variety of recent decisions covering a broad spectrum of hot topics in commercial and consumer bankruptcy law. Part of their discussion highlights five (or more) recently decided Supreme Court decisions that every bankruptcy lawyer needs to know about, including issues and questions that some of those decisions left undecided.Learning Objectives:Attendees will identify and analyze recent developments, emerging trends, and significant decisions impacting bankruptcy law and practice.Attendees will evaluate the practical implications of current hot-button issues facing debtors, creditors, trustees, and other bankruptcy stakeholders.Attendees will apply insights from recent legal and industry developments to enhance strategic decision-making and client representation in bankruptcy matters.

This panel provides a practical overview of key tax considerations and recent developments affecting bankruptcy cases.Learning Objectives:Attendees will distinguish the treatment of various tax obligations in bankruptcy, including dischargeability, priority status, and secured tax claims.Attendees will assess recent legal and procedural developments affecting the administration of tax-related issues in consumer bankruptcy cases.Attendees will develop practical strategies for addressing tax planning considerations, compliance issues, and disputes arising in bankruptcy proceedings.

This panel provides an overview of emerging developments and current trends impacting consumer bankruptcy practice. The panelist discuss recent case law, legislative updates, procedural issues, and practical considerations affecting both debtors’ and creditors’ counsel in today’s consumer bankruptcy landscape.Learning Objectives:Attendees willidentify recent developments and emergingtrends affectingconsumer bankruptcy practiceandprocedure.Attendees will assess the impact of current case law and legislative updates on consumer bankruptcy matters.Attendees will apply practical strategies and best practices for addressing evolving issues arising in consumer bankruptcy cases.

This panel covers current perspectives on student loan repayment options and means to achieve discharge.Learning Objectives:Attendees willanalyzethe procedural stages of a studentloan dischargecase, includingclientintake, caseassessment, and the draftingand filing of anadversary proceeding.Attendees willevaluate the application of the unduehardship standardand develop strategies for presentingeffectivefactual and evidentiarysupportin student loandischarge litigation.Attendees will examine practical litigation techniques and advocacy considerations involved in prosecuting and defending student loan discharge actions from inception through trial.