Consumer Bankruptcy

This follow-up session will focus on student loan strategies, tax issues, dealing with the chapter 7 trustee and violations of the discharge injunction, and will include an update on Taggart.

This panel will be conducted in the format of the TV show “Crossfire” and will address three “hot” or “interesting” bankruptcy issues that are not being addressed in the other sessions. At the conclusion of each discussion, attendees will have an opportunity to vote on how they believe the issue should be resolved.

Join ABI Editor-at-Large Bill Rochelle as he hosts a panel of bankruptcy judges to discuss circuit splits on important consumer bankruptcy issues. This panel will be presented in a fun game-show format where the judges will vote to resolve the issues before they reach the U.S. Supreme Court.

This session will cover barriers to wellness for lawyers, and why lawyers are often reluctant to seek help. This panel will also include achievable strategies that lawyers can employ to enhance their well-being. In addition, this program will review lawyers' ethical obligations, and how enhancing personal well-being and adopting strategies for balancing life’s demands can enhance their ability to comply with these obligations.

Law school can seem like a long time ago, especially when a client walks in the door wanting help on filing for personal bankruptcy. This session will provide an overview of chapter 7: the players, bankruptcy estate, automatic stay, initial consultation and means test. Included in the discussion will be exemptions, preparing schedules, the relevant Bankruptcy Code and Rules sections, local rules, and how to know whether your client can or must redeem, reaffirm or surrender. Brush up on your skills and learn what you need to know about one of the core chapters of consumer bankruptcy.

Successful consumer bankruptcy cases often hinge on the intake process, particularly the details gathered on the intake form. What questions should be asked? What resources should be used? Discover best practices for getting the right information from the very beginning, which can avoid all kinds of headaches later. (No one wants to discover a fraudulent transfer at the 11th hour!).

The Eastern and Western Districts of Wisconsin, along with Florida’s Middle District, have all set up successful mortgage-mediation programs. This panel will spill the details on how they did it, particularly the ways in which they used web-based portals for document exchanges. Also on tap: the role of mediators and the court’s role in overseeing order processes and timelines.

Bankruptcy Judges Elizabeth Brown and Michael Romero will discuss the year’s widest splits and most controversial opinions with ABI Editor-at-Large Bill Rochelle.

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.