Consumer Bankruptcy

Ten years ago, the consumer bankruptcy bar was facing an unknown world with the passage of BAPCPA. Areas of concern included the means test, the determination of “presumptions of abuse,” the definitions of “excess disposable income” and how it varied from “disposable income,” and the stringent limitations on the claims of exemptions by debtors. This panel will examine the case law that has evolved and will review how consumer bankruptcy cases are being administered in light of BAPCPA. Has the outcome been what the drafters intended it to be, or is consumer bankruptcy practice essentially the same 10 years later?

“Most official bankruptcy forms will be replaced with substantially revised, reformatted and renumbered versions effective December 1, 2015.” – U.S. Courts These new forms are part of a forms modernization project that was begun by the Advisory Committee on Bankruptcy Rules in 2008. Among other things, the new forms introduce different versions of case opening forms for individual debtors and non-individual debtors. The new forms are easier for debtors to understand and complete and are designed to work with scheduled enhancements to the federal courts’ case opening and electronic case management system. Join members of the Advisory Committee on Bankruptcy Rules, as well as a software expert from Stratus BK, to learn about the new forms.

Featuring Students from the Memphis University Duberstein Moot Court Team

This session features an interactive presentation of the most common evidentiary issues faced by consumer practitioners, and the audience is the judge.