Consumer Bankruptcy

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.

This special session will include from three to four problems/dilemmas in the context of chapter 7 matters.

This special session will include from three to four problems/dilemmas in the context of consumer cases (not chapter-specific).

This session will examine the new Eastern District of Michigan (Detroit) program, touch upon the Eastern District of Michigan (Flint/BC) program, and compare and discuss programs in other districts. Panelists will explain the substantive and procedural differences for trial modifications, permanent loan modifications and plan modifications.

This session will cover the valuing of real property and subsequent trustee sale, carve-outs on real estate claims of exemption, equitable vs. legal title to property, and § 363 sales of foreclosed homes during the redemption period, as well as a discussion on rental properties and who gets the rent.

This session will include a discussion on the effect of prior state and federal court litigation, full faith and credit, res judicata, collateral estoppel, Rooker-Feldman and abstention.

Current Claims Issues in Chapter 13 Cases