Consumer Bankruptcy

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 will present a lively discussion of key issues decided in business and consumer bankruptcy cases throughout the country over the past year.

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 explore what rights/causes of actions a debtor may reserve in plan confirmation and the binding effect of confirmation, and whether, in light of Harris v. Viegelahn, a means may still exist to avoid refunding undistributed funds to a debtor following the conversion of a chapter 13 to a chapter 7 case, as well as what should happen to undistributed funds upon case dismissal. The session will conclude with a discussion on the limitations on the equitable powers of bankruptcy courts following Law v. Siegel.

Efficient and effective preparation of petitions is a core competency for debtors’ lawyers. To that end, this panel will examine such issues as counsel’s duty to investigate a debtor’s financial affairs, best practices for doing so, appropriate use of staff, avoiding ECF misuse, and the consequences of failing to discharge these duties.

A debtor’s real property is worth less than the debt it secures. Taxes, HOA fees, fines and liability for accidents can pile up on property that a debtor can’t afford and no longer wants. This panel will examine whether a debtor can get rid of the property and these problems in bankruptcy.

Creditors seemingly rarely get paid in full in a bankruptcy, and without allowed claims, they can pretty much forget about getting anything at all. This panel will discuss the recent developments in claims litigation and strategies employed to maximize returns in bankruptcy cases for creditors (and possibly debtors).

This discussion will keep attendees informed about the most recent developments on the most powerful procedural remedy in bankruptcy: the automatic stay. Learn the latest strategies and nuances in the still-developing case law concerning the stay.

This panel will discuss various sections of the Bankruptcy Code as they impact or are impacted by divorce proceedings. The panel will discuss the § 101(14A) definition of “domestic support obligations,” the rights of a representative appointed for the debtor’s children, post-nuptial agreements, the standing of an estranged spouse under §§ 523 and 727, §§ 523(a)(5) and (a)(15), equitable distribution awards and § 541, fraudulent conveyances and divorce decrees, and much, much more.

Recent changes to the Federal Rules of Evidence and their impact on bankruptcy proceedings, from 2004 examinations to contested matters to adversary proceedings, will be the subject of this discussion, along with the treatment of electronically stored evidence.