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Consumer Bankruptcy

Mortgage Forbearance and Modification Issues

This panel will discuss changes in the CARES act and consolidated appropriations act as well as general housing issues.
1 hour 16 minutes 16 seconds

Intersection of State Court Causes of Action in Bankruptcy

State law and bankruptcy law intersect in any number of ways in any given bankruptcy case. This panel will focus on a few of the issues that arise in this context and discuss recent case law, as well as practice tips and strategy. More specifically, the panelists will cover the abstention doctrine and how bankruptcy courts analyze various state law claims under that doctrine; the potential impact of a bankruptcy case on divorce proceedings, including automatic stay and discharge issues; and the limitations on pursuing state court claims, such as standing, collateral estoppel and third-party releases. We hope you will join us and contribute your questions and experiences to the conversation.
1 hour 16 minutes 44 seconds

Estopping the Madness: Personal-Injury Claims and Exemptions in Chapter 7 and 13 Cases

This panel will discuss such personal-injury issues as mesh, malpractice and abuse cases in chapters 7 and 13. The discussion will include interviewing the client, appropriate disclosure of such claims, property of the estate, judicial estoppel, medical liens, federal and state exemptions, and settlements.
1 hour 3 minutes 4 seconds

Unmasking Some Great Consumer Cases from 2020 and 2021

This panel will provide a consumer bankruptcy legal update on significant cases from 2020, and explore what's happened so far in 2021.

We Give a Split! Overview of Circuit Splits on Current Issues

This panel of legal experts will break down topical circuit-level and bankruptcy court rulings that are dividing circuits across the country.
1 hour 21 minutes 39 seconds

Case Law Update (2020 Midwestern Virtual Bankruptcy Institute)

This panel of bankruptcy judges from the Eighth and Tenth Circuits will discuss several recent decisions from the U.S. Supreme Court, the Eighth and Tenth Circuit Courts of Appeals and Bankruptcy Appellate Panels, and elsewhere that are likely to impact your bankruptcy practice.

COVID-19 Economic Fallout: Consumer Issues

Sponsored by Hinkle Law Firm LLC The panel will examine four distinct emerging issues in consumer cases that are related to the effects of COVID-19: (1) the decrease in cases; (2) remote signings and appearances; (3) national and local moratoriums on foreclosures and evictions and similar protective measures; and (4) the legislative efforts to increase the chapter 13 debt limits.
1 hour 14 minutes 52 seconds

Frank W. Koger Memorial Lecture: Bankruptcy as a Social Safety Net: Policy Considerations in a Time of Pandemic

Unemployment rates are slowly dropping after hitting an all-time high in April of this year and remaining in the double digits for four months straight. However, the effects of the ongoing pandemic remain. Rent payments are down, and homeowners are delaying payments on their mortgages. The Federal Reserve has dropped interest rates to near-zero, and small business revenue nationwide is down nearly 20%, even after accounting for the thousands of businesses that have already closed for good. Congress, states and local governments are scrambling to put policies and programs in place that will help forestall financial collapse. As bankruptcy practitioners and scholars, this is our moment — or is it? This presentation will explore the role that bankruptcy policy can and should play in a global pandemic, discuss the role that bankruptcy policy has already begun to play, and query what factors may be limiting the effectiveness of bankruptcy policy in easing financial distress and limiting unnecessary business closures.
58 minutes 19 seconds