Consumer Bankruptcy

This program considers the life cycle of a small business reorganization. Beginning 30 days before the debtor files its petition, continuing through the 90-day plan filing deadline, and hurtling toward confirmation, the panel discusses pre-bankruptcy planning and negotiation, debates eligibility and case management issues, considers best practices for utilizing the Subchapter V trustee throughout the case, and highlights tips and traps of plan formulation, contested confirmation hearings, and post-effective date matters. Our distinguished panel features the perspectives of the debtor (Chris Keach, Molleur Law), creditor (Kellie Fisher, Drummond Woodsum), the Subchapter V trustee (David Mawhinney, Bowditch & Dewey), and the bench (Hon. Peter Cary, United States Bankruptcy Court for the District of Maine).

This panel will discuss a number of difficult chapter 13 issues, including post-petition creditor fees; consumer vs. nonconsumer debtors in chapters 7 and 13 and the impact of the designation; the effects and timing of vesting; automatic-stay issues, debt-limit issues and the impact of contingent debt, guaranty debt and partially secured claims; “fee-jumping” and other absolute-priority rule violations; and discharge in light of mortgage default due to COVID-19, forbearance or modification.

The steep rise in student loan debt is one of the most pressing issues our country faces as it strives to create a more just and equitable society. Getting a college degree has become steadily more expensive, and graduates are often left with overwhelming debt burdens that sometimes take decades to repay. Coupled with the nondischargeability of student debt under the Bankruptcy Code, the “student debt problem” has become one of the most pressing issues of our time. This panel of experts will discuss how this problem could be addressed in a way that is equitable, fair and effective under the existing Bankruptcy Code, as well as possible reform.

Join ABI Editor-at-Large Bill Rochelle as he hosts a panel of bankruptcy judges to discuss circuit splits and hot topics on important bankruptcy issues. Back again from the Winter Leadership Conference, this attendee-favorite panel will be presented in a fun game show format, where judges will vote to resolve the issues before they reach the Supreme Court.

Join members of the ABI Task Force on Veterans and Servicemembers Affairs as they provide updates on the HAVEN Act and other important legislation, as well as laws relating to veterans and insolvency.

This workshop will focus on common pre-filing issues that arise for both debtor and creditor counsel. The panelists will engage with attendees on such topics as pre-filing due diligence; common issues in consumer cases such as exemptions, avoidable transfers and discharge issues; more specific discharge issues relating to income taxes, student loans, fines and domestic-support obligations; CARES Act considerations; and attorneys' fees for creditors.