Consumer Bankruptcy

This panel will conduct a mock confirmation hearing in an individual’s chapter 11 case. Issues unique to individuals who file for chapter 11, such as the applicability of the absolute priority rule and best efforts under § 1129(a)(15), will be explored during the course of the mock hearing.

This is not your run-of-the-mill current developments session. The all-star members of this panel will explore recent consumer topics, case law and rules, and proposed rules and forms, and will offer their varying opinions and arguments in a lively debate-filled format that is sure to enlighten and entertain.

Educational Session of Committees: The Bankruptcy Code provides enhanced and often unique opportunities to resolve tax issues faced by distressed businesses and individuals. Our program will provide a primer on how to address tax issues before and after filing for bankruptcy relief, followed by a discussion on significant tax problems faced by business and consumer debtors.

Chapter 7 Breakout Speakers: Chapter 7 Trustee: Joseph A. Baldi, Moderator Baldi Berg & Wallace, Ltd.; Chicago U.S. Trustee’s Office: Jeffrey S. Snell Office of the U.S. Trustee; Chicago Client Advocate: Barbara L. Yong Golan & Christie, LLP; Chicago Chapter 13 Breakout Speakers: Client Advocate: Nathan E. Curtis, Moderator Geraci Law L.L.C.; Chicago U.S. Trustee’s Office: M. Gretchen Silver Office of the U.S. Trustee; Chicago Chapter 13 Trustee: Glenn B. Stearns Chapter 13 Trustee; Lisle, Ill. Creditor Breakout Speakers: Berton J. Maley, Moderator Codilis & Associates, P.C.; Burr Ridge, Ill. Amy A. Aronson Aronson & Walsh, PC; Vernon Hills, Ill. Cari A. Kauffman Manley Deas Kochalski, LLC; Chicago

Moderator: Brian L. Shaw Shaw, Fishman Glantz & Towbin LLC Resolved: Credit counseling received on the petition date, though after the time of the filing, satisfies the requirements of section 109(h)(1). Speakers: Pro: Hon. Robert D. Martin U.S. Bankruptcy Court (W.D. Wis.); Madison Con: Hon. Eugene R. Wedoff U.S. Bankruptcy Court (N.D. Ill.); Chicago Resolved: Student loans should be dischargeable in bankruptcy. Speakers: Pro: William J. Factor The Law Office of William J. Factor, Ltd.; Northbrook, Ill. Con: Monette W. Cope Weltman, Weinberg & Reis Co., LPA; Chicago Resolved: “Fee jumping” in chapter 13 cases is legal and ethical. Speakers: Pro: Nicholas Perino Swanson & Desai, LLC; Chicago Con: Justin R. Storer Lakelaw; Chicago

This session will discuss mortgage claims and causes of actions, challenging foreclosure sales and litigation of the same, robo-signing, framing mortgage action arguments, defeating motions for relief, results and consequences to the debtor, and Regulation X.

This panel discussion will include what you need to know about the National Plan Form, what’s new and different from the current EDMI plan form, and what you should watch out for.