Consumer Bankruptcy

This panel will discuss the emerging and ever-changing role of artificial intelligence (AI) and machine learning (ML) in the administration of consumer debt, and the effects on bankruptcy cases. The panelists will discuss how the technology has been used in both account-servicing and court filings, where it may be going, and potential pitfalls to be mindful of as AI/ML becomes more common.

Hosted by ABI's Consumer Bankruptcy Committee One of the fundamental objectives to consumer bankruptcy is the idea of a fresh start – but when should that fresh start begin? In this webinar, we will ask the simple question: who gets the benefits when a property appreciates during the course of a reorganization? The answer to this question may surprise you. Join a distinguished panel from the bar, academia, and the bench in this webinar to unpack the complex debate surrounding this seemingly simple but multifaceted question.

This panel will discuss the ethical duties and obligations of debtor’s counsel when unbundling legal services in chapter 7 cases. From the marketing of no money/low money down to adequate disclosures, the nuances of fee bifurcation sometimes create a fine ethical line on which to walk. The panelists will provide practical advice on how to comply with ethical concerns, and will discuss how different districts across the country have addressed the issue.

Responding to complaints in federal court is a critical aspect of the U.S. legal system. This session will explore the various elements involved in crafting a comprehensive response to a complaint filed in federal court. The panelists will provide an in-depth analysis of the process, strategies and considerations for defendants when addressing allegations brought against them. By examining the Federal Rules of Civil Procedure, case law and best practices, this session will help equip legal practitioners and individuals with a thorough understanding of the response phase in federal court litigation.

This panel will focus on post-petition accrual of equity in real estate, the recent Supreme Court decision regarding tax violations, preferences, whether direct mortgage payments are considered “payments under the plan.”

Subchapter V arrived in 2020, offering qualifying individuals a restructuring alternative to standard chapter 11 and chapter 13. So what are consumer bankruptcy lawyers so afraid of?! This panel will review the differences between chapter 13 and subchapter V by looking at eligibility and reporting requirements, estate administration, and the nuanced differences of plan confirmation and discharge in each chapter. The panelists also will compare and contrast chapter 13 and subchapter V trustees, and will use several hypotheticals to highlight how a debtor’s particular circumstances will ultimately determine the choice between a 13 or a V.