Consumer Bankruptcy

This panel will provide practical advice to attendees from the viewpoint of a chapter 7 trustee, an accountant and an attorney regarding completeness of schedules, how to properly prepare a debtor to face a chapter 7 trustee interrogation, and discussions on several administrative matters such as late-filed claims, asset-liquidation accounting and § 341 hearing continuances. The panel will also cover recent chapter 7 case law developments.

This panel will discuss the effects of recent decisions regarding the Puerto Rico homestead exemption in chapter 13 cases; chapter 13 debtors’ pre and post-petition causes of action, and the disclosure and determination of value of same; and the management of plan provisions, as well as objecting to and defending them.

This panel will focus on the sale of discharged debts, the intersection between the Code and the FDCPA, the involvement of the CFPB in consumer cases, and more.

This panel will focus on recent trends in student loan dischargeability cases, including whether the Brunner standard should be revisited, and recent case law involving tax debts.

This panel will focus on recent Supreme Court decisions impacting the consumer world, the unbundling of attorney services, and attorney compensation issues. Supreme Court decisions to be discussed include Wellness, Harris v. Viegelahn, Bank of America v. Caulkett, Baker Botts and Oglethorpe.

This panel will discuss new issues arising post-BAPCPA regarding § 524 and mortgage payments, disclosure of post-confirmation income and assets, revesting of estate property, post-petition changes to assets, and others.

Trending issues, circuit splits and noteworthy topics in bankruptcy courts will be the focus of this discussion. The panel will cover topics of interest in business, with no specific emphasis and in no particular order. Attendees are encouraged to participate with questions and issues drawn from their own experiences.

This annual favorite will cover all of the recent consumer bankruptcy law decisions, hot topics and new cases from the circuit level on down through the district courts and bankruptcy courts, concentrating on the Sixth Circuit and the Eastern and Western Districts of Michigan. The session may also include any cases of interest from any other circuit or district court.

This session will discuss student loan issues that arise both pre- and post-petition. Among the pre-petition issues are collection actions against borrowers, nonbankruptcy alternatives for borrowers, and legislative updates. Among the post-petition issues are the elements of nondischargeability under § 523(a)(8), classification of student loans in chapter 13 cases, preference actions to recover pre-petition payments on student debt and more.

This session will cover chapter 13 claims issues, both from the creditor’s point of view (“What happens if I don’t file my claim by the bar date?”) and from the debtor’s point of view (“Can I file a protective claim?”), along with emerging claims issues regarding priority tax claims and nondischargeable post-discharge interest.