Consumer Bankruptcy

Sponsored by the Consumer Bankruptcy Committee On December 9, Senators Elizabeth Warren (D-Mass.), Dick Durbin (D-Ill.) and Sheldon Whitehouse (D-R.I.) and Representatives Jerrold Nadler (D-N.Y.) and David Cicilline (D-R.I.) introduced the Consumer Bankruptcy Reform Act of 2020. The Act proposes a fundamental reform of the consumer bankruptcy process under the Bankruptcy Code, with the goal of making the process easier, less expensive, and more equitable. Among other things, the Act proposes to replace chapter 13 and chapter 7 with a new chapter 10 that simplifies the consumer bankruptcy process and provides flexibility in terms of the consumers’ retention of assets and commitment of income toward the repayment of claims. Please join our panel in a discussion of the Act’s highlights, including their initial impressions on the contrast between current processes under chapters 7 and 13 and the proposed processes under chapter 10.

Presented by the Consumer Bankruptcy & Legislation Committees This panel will focus on the top 10 items that came out of the ABI Commission on Consumer Bankruptcy’s Final Report, released in 2019.

In this virtual variation on the in-person format, a nationwide group of distinguished judges will discuss current bankruptcy and practical skills issues in an innovative Zoom-style presentation. The judges will rotate to a new online “room,” allowing participants to maximize their time and gain valuable insights into best practices.

This panel will discuss areas in which debt-collection laws and the bankruptcy system treat service members, veterans and their families (especially disabled service members and their beneficiaries) differently from civilians. The panel will also discuss such recent legislative changes as the Honoring American Veterans in Extreme Need (HAVEN) Act and the National Guard and Reservists Debt Relief Extension Act, the work of the ABA and other various volunteer bar organizations, issues that can arise when representing service members, veterans and their families, and how you can assist veterans on a pro bono basis. *This program is in memoriam to Hon. Nancy Dreher, who served as a U.S. Bankruptcy Judge in the District of Minnesota for many years and who wrote about and spoke on the importance of pro bono services.

Consumer cases require quick, effective and efficient answers to complex legal issues. Bankruptcy cases are expected to surge as a result of the economic consequences wrought by COVID-19, creating a logjam in the bankruptcy courts that is expected to continue. Mediation is the relief valve, providing opportunities for consumer practitioners to minimize delay and resolve intractable problems. The panelists will discuss the phases of mediation, applicable rules and statutes, cases most suitable for mediation, how to select a mediator, confidentiality and privilege issues, how to prepare both your client and your case, remote mediation, and best practices for achieving a favorable result.

This panel will address some of the coronavirus-related issues currently facing debtors in chapters 7 and 13, including the effects of the CARES Act on consumer filings, the role of exempt assets in good-faith analyses and disposable-income calculations, and how to address business issues in consumer cases.

What trends for consumer bankruptcy practice have emerged during the COVID-19 pandemic? What will consumer practice look like going forward? Join a panel of four experienced bankruptcy counsel as they discuss safety, case law trends and practical actions to take going forward. Some of the topics the panel will discuss include: Actions chapter 13 trustees are taking to hold down costs while continuing to assist debtors. Debtor counsel updates on practices that have developed due to the pandemic, including suspension of plan payments. Creditor counsel initiatives, including notices of forbearance and agreed orders, so debtors may stay in their homes. Variables that have caused consumer filings to drop precipitously due to the pandemic and what filing trends will look like moving forward.

The panelists will discuss the best practices for tricky Chapter 7s, Chapter 13 plan modifications filed pursuant to The CARES Act, tips for ensuring proper service, and a discussion of the current case law on 401(k) contributions and nunc pro tunc orders.

Sponsored by The Consumer Bankruptcy Committee The panel will explore the new requirements for filing and confirming a small business case under the new Subchapter V of Chapter 11 of the Bankruptcy Code, which became effective on February 19, 2020, and will address the potential issues you and your clients are likely to confront in seeking to successfully effectuate a reorganization thereunder. The new small business Subchapter V presents a more efficient way to facilitate a reorganization of a small business debtor by reducing the requirements and eliminating other impediments that previously hampered such cases.

Hosted by The Consumer Bankruptcy Committee The CARES Act, which was signed into law on March 27, 2020, has many important economic stimulus measures — including some that will impact bankruptcy. This webinar will discuss Section 1113 of the CARES Act, which, in part, excludes from the definition of “current monthly income” COVID-19 payments made by the federal government related to the COVID-19 federal emergency, and allows debtors who have been affected by the pandemic to modify their chapter 13 plans to allow payments for up to seven years after the first payment was due if their plans were confirmed prior to the enactment of the law. The webinar will also discuss how bankruptcy courts have reacted on a local basis to the need for debtors to suspend their plan payments for extended periods of time due to the COVID-19 federal emergency.