Consumer Bankruptcy

Our expert faculty will pull back the curtain on representing creditors and will examine current issues facing mortgage and automobile creditors. Topics will include updates on the mortgage and automobile loan servicing industry, new proofs-of-claim rules and forms, servicing standards, statutes of limitations, and compliance issues.

Debtors and their counsel want a smooth, quick chapter 7 experience and discharge: a simple no-asset case that will proceed promptly through a short, uneventful first meeting of creditors, to discharge and case closing in a matter of a few months. The chapter 7 trustee stands in the way, though, as he/she looks for discharges to deny and assets to pay creditors. Forewarned is forearmed: This seminar will explore recent skirmishes in the struggle between the impecunious and their trustees, including the important areas of homestead exemption and mortgage-lien avoidance, avoidance of large pre-filing family expense payments, and nondisclosure issues.

Join us as we explore three complicated areas of ethics that all attorneys should be wary of. First, we will discuss examples of sanctionable lawyer behavior and when that behavior can result in a law firm being sanctioned. Second, some pre-petition planning is necessary, obvious and required in order to advance your clients’ interests, but some planning can cross the line between permissible advocacy and fraud. How do you know where the line is so that you can represent your client to the best of your abilities and avoid trouble? Lastly, some conflicts are clear, while others are more nuanced. This panel delves into the duties regarding perilous conflicts, and steps you can take to make sure you comply with the appropriate rules of professional responsibility while still representing the best interests of the client.

When is a tax return not a tax return? Bankruptcy can be very useful when seeking to discharge personal income tax obligations, but if the return has not been filed on time, dischargeability may be in jeopardy. Many courts have addressed this issue and have issued widely divergent views, including the First Circuit’s strict interpretation of what constitutes a tax return as announced by the majority in In re Fahey. This panel will focus on the development of the case law in the First Circuit, the information you must obtain from the taxing authority to determine when a tax return has been filed, what constitutes a return, and strategies to employ in the event that the tax return your client filed is defective and the taxes reported on that return are nondischargeable.

This panel will explore the conflicts of law between estate planning and bankruptcy. Debtor’s counsel, beware: Life estate, remainder interest, trust or power of attorney may not be safe in bankruptcy. The panel will examine recent bankruptcy cases addressing the validity of estate-planning techniques designed to protect assets that then wreak havoc on pre-bankruptcy planning, timing and chapter selection and that can have significant implications on debtors and their nonfiling family members.

This panel will explore legal trends relating to rising real estate values in consumer bankruptcy cases, including issues related to stay relief, lien-stripping, reaffirmation agreements, and what could happen post-discharge if a debtor fails to act in conformity with his Statement of Intention. This panel will also address the current state of mortgage modification mediation programs and the latest happenings with the CFPB.

This panel will explore options for dealing with the difficult situations experienced by consumer debtors who on the surface fail to qualify for relief under chapter 7, have too much debt for relief under chapter 13 jurisdictional limits, and are unable to satisfy the absolute priority rule to qualify for an individual chapter 11 case.

This panel of experienced lawyers will discuss policy issues underlying student debt, current cases, fraud issues in workouts, and possible solutions to this important issue facing our nation.

This panel will explore legal trends relating to rising real estate values in consumer bankruptcy cases, including issues related to stay relief, lien-stripping, reaffirmation agreements, and what could happen post-discharge if a debtor fails to act in conformity with his Statement of Intention. This panel will also address the current state of mortgage modification mediation programs and the latest happenings with the CFPB.