Consumer Bankruptcy

This session will reflect on who gets the benefit of the doubt in bankruptcy and who never does. The panelists will discuss how race, gender, class, geography, professional polish, familiarity with the court and judges, and whether a debtor is a repeat filer can impact case outcomes.Learning Objectives:Attendees will explore how narratives and perceptions about "good" and "bad" debtors can influence decisionmaking and outcomes in bankruptcy proceedings.Attendees will examine how factors such as race, gender, class, geography, and familiarity with the court may shape credibility assessments and the exercise of discretion in bankruptcy cases.Attendees will consider strategies for recognizing and addressing implicit bias and power dynamics in courtroom advocacy and case administration.

Featuring the regional judges of the Rocky Mountain Bankruptcy Conference, this session will strive to answer questions you have on current issues.Learning Objectives:Attendees will identify current issues and emerging trends in bankruptcy practice as viewed from the perspective of regional bankruptcy judges.Attendees will gain insight into judicial expectations, procedural preferences, and effective advocacy strategies in bankruptcy court.Attendees will analyze common challenges and questions arising in bankruptcy cases and how courts are addressing them in practice.

Moderated by ABI’s Bill Rochelle, seven bankruptcy judges from New York, Delaware, Houston and New Jersey will predict how the Supreme Court is likely to rule on the most controversial issues in reorganization, Subchapter V and Chapter 13.Learning ObjectivesAttendees will gain insight into how bankruptcy judges view emerging and contentious issues in reorganization cases, Subchapter V, and Chapter 13.Attendees will explore judicial perspectives on how the Supreme Court may approach unresolved or split issues in bankruptcy practice.Attendees will examine practical implications of differing judicial interpretations for debtors, creditors, and case strategy.

In today’s digitally connected world, attorneys encounter both challenges and opportunities at the intersection of social media, credit reporting and bankruptcy law. This panel will begin by debunking common social media myths and scams that can complicate client advisement and the setting of realistic legal expectations. The panelists will then explore the complex relationship between credit reporting and bankruptcy, providing insights to help attorneys guide clients through financial restructuring. Finally, the discussion will highlight strategies for using social media to positively shape public perception and expand access to essential legal information.Learning Objectives:Explore common social media myths and scams that complicate client advisement and realistic expectation-setting.Analyze the intersection of credit reporting and bankruptcy.Discuss methods for using social media to positively influence public understanding and improve access to legal information. 

The automatic stay is one of the most powerful and well-known protections in bankruptcy — but it’s not always as “automatic” as it seems. This panel will explore the gray areas and exceptions where the automatic stay's application is unclear, limited or even nonexistent. The panelists will cover who gets the stay, violations, repeat filers (including the ambiguity of § 362(c)(3)) and other nuanced issues surrounding the automatic stay in consumer cases. They also will discuss recent case law, practical pitfalls, and strategies for advising clients when the stay’s protection is uncertain or contested.Learning Objectives:Attendees will learn how to identify situations in which the automatic stay applies, including exceptions, limitations, and the nuances affecting repeat filers under Section 362(c)(3).Attendees will gain practical guidance on recognizing and addressing potential automatic stay violations, including strategies for advising clients when the stay’s protection is uncertain or contested.Attendees will understand recent case law and emerging trends that impact the application of the automatic stay in consumer bankruptcy cases, equipping them to navigate complex scenarios and avoid common pitfalls. 

This session will provide timely updates on recent cases, offering practical insights and guidance on the latest developments in consumer bankruptcy law.Learning Objectives:Attendees will learn about recent bankruptcy case decisions and understand their practical implications for advocacy and strategy.Attendees will gain insight into how courts are interpreting key issues in bankruptcy law and the trends emerging from recent rulings.Attendees will be able to apply updates from recent cases to their practice, enhancing their ability to anticipate judicial perspectives and outcomes. 

This in-depth panel will navigate student loan discharges under the DOJ guidance. The panelists will demystify the process and provide practical, step-by-step guidance for attorneys taking on these cases.Learning Objectives:Attendees will identify and evaluate potential student loan discharge candidates under the DOJ Guidance.Attendees will understand the attorney retention process, including reviewing retainer agreements and advising clients on expectations.Attendees will analyze the DOJ attestation process, including key components of the attestation form and related filings.Attendees will develop the practical skills necessary to represent debtors seeking to discharge student loans in bankruptcy. 

As more older adults seek bankruptcy relief, consumer cases increasingly involve issues beyond debt alone, including cognitive decline, exploitation, family interference and concerns about legal capacity. This panel will explore the real-world legal and human challenges that arise in elder consumer cases, and will offer practical guidance for recognizing and addressing these issues in bankruptcy practice.Learning Objectives:Attendees will understand the legal and practical issues that commonly arise when representing or working with elder debtors in bankruptcy.Attendees will recognize signs of diminished capacity, exploitation, and family conflict that may affect case administration and client representation.Attendees will learn strategies for handling these cases with greater awareness, professionalism, and sensitivity. 

On Dec. 1, 2025, amendments to Bankruptcy Rule 3002.1 were implemented, creating new forms and enhanced response requirements for mortgage creditors in chapter 13 cases. This panel will provide an overview of the 2025 amendments to Bankruptcy Rule 3002.1, how chapter 13 trustees are handling the additional oversight obligations, and best practices employed by creditors to address certain blind spots and ambiguities. The panelists will discuss the In re Klemkowski decision and its potential impact on the mortgage-servicing landscape. In particular, the panelists will address the benefits (but associated risks) in a debtor’s use of online payment portals during a consumer bankruptcy case.Learning Objectives:Attendees will understand the key amendments to Bankruptcy Rule 3002.1, including new forms and enhanced response requirements for mortgage creditors in Chapter 13 cases.Attendees will gain insight into how Chapter 13 trustees are handling increased oversight responsibilities and the resulting impact on case administration.Attendees will learn practical strategies and best practices for mortgage creditors to ensure compliance, address ambiguities in Rule 3002.1, and evaluate risks associated with online payment portals during bankruptcy cases. 

This panel will discuss the unique ways different courts are addressing merchant cash advance agreements (MCAs) under the Code within the context of sales versus loans and chapter 5 actions. In addition, the panelists will spot novel ways in which the agreements are getting tested under the Code, including under § 365, priority issues, tackling the “normal course of business” defense and the applicability of constructive fraud.Learning Objectives:Attendees will understand how courts are addressing merchant cash advance agreements under the Bankruptcy Code, including emerging approaches beyond the traditional sale versus loan analysis.Attendees will learn the key factors courts consider when determining whether a merchant cash advance constitutes a true sale or a disguised loan.Attendees will identify how merchant cash advance agreements are being challenged under chapter 5 and other provisions of the Code, including section 365, priority disputes, the ordinary course of business defense, and constructive fraud.