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Consumer Bankruptcy

Counseling the Client During the Post-COVID Period

The panel will focus on counseling clients once we enter a post-COVID period, including when you should counsel your client to file, issues related to medical debts and tax refunds, and timing considerations.

COVID-19 and Bankruptcy

Presented by the Hon. Steven W. Rhodes Consumer Bankruptcy Conference This session will address the impact that COVID-19 has had on consumer bankruptcy law practice, and what the post-COVID future might look like. The panelists will discuss how court policies and procedures have changed over the course of this health crisis, and will provide a high-level review of substantive issues that have been altered in consumer bankruptcy practice, such as mortgage-forbearance issues. The panelists also will share their experiences working to safely and effectively meet the needs of clients, manage firm business and improve remote work practices. Highlighted will be the importance of proper data-privacy and client-confidentiality measures, and the valuable role of staff productivity measures and tracking controls. The session will also delve into creating emergency-preparedness plans to uphold attorney duties and adequately meet the needs of clients and firm staff in the event of an emergency, untimely death or disability of a firm’s principal or key employee.
1 hour 13 minutes 19 seconds

Best Practices for Virtual Meetings

Presented by the Hon. Eugene R. Wedoff Seventh Circuit Consumer Bankruptcy Conference This session will provide a judge’s perspective on preferences for virtual hearings and trials, trustee and debtor attorney discussions on § 341 meetings, and best practices from U.S. Trustee and debtor’s attorney points of view.
1 hour 11 minutes 25 seconds

Chapter 13: The Problem, or the Solution?

Presented by NACTT Chapter 13 trustees will provide their perspectives on the overlooked benefits of chapter 13 in this session, as well as what constitutes a successful chapter 13 case.
1 hour 12 minutes 43 seconds

Duties and Obligations upon Conversion

Presented by the Hon. Eugene R. Wedoff Seventh Circuit Consumer Bankruptcy Conference The panelists will discuss § 348(f), bad-faith conversion, best-interest test, post-petition acquisitions, and dilemmas regarding the return of property, among other conversion issues.
1 hour 14 minutes 50 seconds

After the Love (and the Money) Is Gone: The Intersection Between Bankruptcy and Divorce

Presented by NABT Divorce and family separation often serve as the impetus for consumer bankruptcies. This panel will address the intersection between bankruptcy and divorce. For example, the State in which a bankruptcy is filed and the timing of the bankruptcy relative to the filing of a divorce can determine which marital assets are property of the bankruptcy estate. Further, the timing of the final judgment of dissolution of marriage can impact whether assets awarded to the debtor in the divorce can be property of the bankruptcy estate. This panel will also address whether a marital settlement agreement can be set aside as a fraudulent transfer.
1 hour 13 minutes 36 seconds

Advanced Issues in Chapter 13 Practice

Presented by the Hon. Steven W. Rhodes Consumer Bankruptcy Conference Explore the latest in what constitutes disposable income, raising and overcoming good-faith objections, evolving strategies in student loan treatment, unique issues arising due to COVID-19, and other advanced and challenging issues facing the chapter 13 practitioner.
1 hour 15 minutes 27 seconds

Racial Disparities in the Bankruptcy System

Presented by the Hon. Eugene R. Wedoff Seventh Circuit Consumer Bankruptcy Conference The panelists will discuss systemic/unconscious bias, defects in the system, and what the bar and the judiciary can do to correct disparate treatment.
1 hour 13 minutes 11 seconds

It Ain’t Over ’Til It’s Over: Identifying and Addressing Issues Arising at the End of Chapter 13 Cases

Presented by NCBJ Don’t be caught off-guard by the many issues that debtors, creditors and attorneys face near the completion of chapter 13 cases. This session will help you identify and resolve the many issues that develop at this critical time in the lifespan of a chapter 13, including the payment of outstanding attorneys’ fees, managing a default after 60 months, handling notices of final cure, defaults on direct payments, and the impact of the CARES Act on a debtor’s options in completing a plan.
1 hour 15 minutes 7 seconds

Consumer Case Law Update (2020 Consumer Bankruptcy Forum)

Presented by ABI’s Hon. Eugene R. Wedoff Seventh Circuit Consumer Bankruptcy Conference and Hon. Steven W. Rhodes Consumer Bankruptcy Conference This session will highlight particularly interesting case law developments to date in 2020 and their impact on bankruptcy law and practice.
1 hour 13 minutes 41 seconds