Consumer Bankruptcy

This panel will discuss new movements in foreclosure practices and procedures post-COVID-19, much ado about In re Kinney, dealing with mortgage payment issues at the end of a chapter 13 plan, Rule 3002.1 concerns and remedies, whether to forbear or not to forbear, and implications of COVID-19 forbearance relief options and bankruptcy.

Bifurcated fee arrangements involve splitting the consumer chapter 7 engagement into pre-petition and post-petition fee arrangements that require little or no money down for the work required to finish the case. In several jurisdictions across the nation, however, bifurcated fee arrangements in chapter 7 cases are being challenged. This panel will review the complex issues related to these fee arrangements.

Join ABI Editor-at-Large Bill Rochelle as he hosts a panel of bankruptcy judges to discuss circuit splits on important bankruptcy issues. Back again from the Annual Spring Meeting, 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 U.S. Supreme Court.

This panel of national consumer experts will provide you with the necessary tips for achieving great results in your consumer cases.

This will be a lively discussion of the latest cases involving student loan dischargeability and issues related to litigating in this area, including what constitutes “undue hardship”, the Brunner Test, consideration of income-based repayment programs and other related topics.

This session will discuss how to get your consumer bankruptcy appeal across the finish line. We’ll cover strategic considerations, common pitfalls (e.g., standing, finality, mootness) and tips for navigating the course.

Many debtors cannot afford to pay Ch. 7 fees in full in advance of filing. This leads to perverse outcomes for debtors, including the common filing of Ch. 13 cases solely to obtain a stay while paying counsel’s fees over time or not filing a needed bankruptcy. Courts across the country are adopting local rules allowing prepetition agreements to render services post-petition for payments to be made post-petition. Many courts do not allow this. What is appropriate?

A conversation on how bankruptcy courts can get ready for the expected tsunami of mortgage defaults post-COVID and beyond. The panelists will share recent updates on extending the same process to address student loan defaults in chapter 13 bankruptcy cases.

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.

This panel will explore some of the nasty topics that keep consumer lawyers awake at night, such as HOA/timeshare issues, surrendering in light of no foreclosure, and fee-jumping.