Consumer Bankruptcy

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

This session will feature a discussion on 11 U.S.C. § 521 and FRBP 4002.

This panel of Midwestern judges will discuss some of the common mistakes that they are seeing in consumer cases, and how those mistakes can be avoided.

A panel of judges will discuss recent bankruptcy cases that impact consumer practitioners.

What happens when there is a failure of disclosure in consumer cases? This panel will cover current disclosure requirements, client intake tips regarding disclosure, and the ramifications of failing to disclose (i.e., denial of discharge, bad-faith dismissal, judicial estoppel, criminal prosecution, etc.).

This panel will discuss the variety of issues that can arise in an individual chapter 11 case.

Consumer Debate Resolved: Limited-scope representation should be allowed in consumer bankruptcy cases. Brian T. Fenimore 102536, Moderator Lathrop & Gage LLP; Kansas City PRO: Theresa V. Brown-Edwards 211813 DARBY | BROWN-EDWARDS LLC; Wilmington, Del. CON: Hon. Robert D. Berger 185770 U.S. Bankruptcy Court (D. Kan.); Kansas City Business Debate Resolved: Bankruptcy judges are authorized to do structured dismissals in chapter 11 bankruptcies. Brian T. Fenimore 102536, Moderator Lathrop & Gage LLP; Kansas City PRO: G. David Dean, II 222886 Cole, Schotz, Meisel, Forman & Leonard, PA; Baltimore CON: T. Patrick Tinker 545420 Office of the U.S. Trustee; Wilmington, Del. Judicial Debate Resolved: A debtor can force a secured creditor to accept title to its collateral pursuant to a plan that provides for its surrender or vesting in that creditor. Brian T. Fenimore, Moderator Lathrop & Gage LLP; Kansas City PRO: Hon. Robert E. Nugent 105973 U.S. Bankruptcy Court (D. Kan.); Wichita CON: Hon. Arthur B. Federman 102540 U.S. Bankruptcy Court (W.D. Mo.); Kansas City