Consumer Bankruptcy

This panel discusses the role of the subchapter V trustee, the parallels with mediation, and the meaning of "facilitating the development of a consensual plan."

Have you ever fallen in and then out of love with someone or something? If you have, was that love ever rekindled? Those questions set the stage for our Saturday morning plenary conversation between Prof. Melissa Jacoby, author of Unjust Debts, and Sam Gerdano, formerly the executive director of ABI. The story involves a deep analysis of, among other things, bankruptcy law’s origins, policy objectives, interpreting the Bankruptcy Code, lawyers’ ethical duties, and consequences in practice. Both Prof. Jacoby and Mr. Gerdano bring a wealth of experience and knowledge; it should be quite the conversation.

In 2005, Congress enacted sweeping changes in the Bankruptcy Code in a law commonly known as BAPCPA (bap-SEE-puh).  Most insolvency professionals recognize BAPCPA’s changes to consumer bankruptcy, such as the means test, modifications to the discharge exceptions and new limits on homestead exemptions.  But BAPCPA affected business bankruptcy too, making chapter 12 permanent and creating the notion of a “small business case” in chapter 11. As BAPCPA turns 20, this panel reflects on its past two decades: what worked, what didn’t, and what might come next.

From managing the damage from scams on the elderly to filing for infant or incompetent debtors, this panel reviews issues that arise in these types of cases, and provides practical suggestions for how to best assist these vulnerable populations.

Join this powerhouse panel for a lively discussion regarding the true meaning of “vesting” and the implications and issues it brings to both consumer and commercial cases. The panelists debate the various interpretations of vesting and dive into a theoretical discussion of vesting across the Bankruptcy Code chapters. Through the use of hypotheticals, the moderators guide the panel’s discussion through areas of vesting that you might not have ever considered important, but you should. You can’t afford to miss this discussion.

This plenary will consist of small group huddles with judges and fellow attendees to work through case problems.

With a focus on providing practical advice, this panel examines issues that may arise with respect to personal property in consumer bankruptcy cases. The panelists address current case law and issues related to property of the estate, valuations, exemptions, garnishments and turnover. Whether you represent debtors, creditors or trustees, this session is sure to be a “Wicked” good time.

This panel explains the Department of Education/Department of Justice Guidance and Attestation process, and discusses the Brunner test and the types of evidence that might be useful to support the statements in an Attestation.

In consumer bankruptcy cases, the ability to craft clear, concise and well-structured motions is critical to achieving favorable outcomes for clients. This panel provides practical insights into effective motion practice in bankruptcy court, focusing on strategies that enhance clarity, improve efficiency, and ensure that motions stand out for their quality and precision. Whether you are new to bankruptcy law or looking to refine your motion practice, the panelists provide you with practical takeaways to elevate your filings and effectively advocate for your clients in the bankruptcy court.