Consumer Bankruptcy

This panel will explore the basics of credit reporting, what to do when errors occur, and how to obtain a potential resolution. As part of this dialogue, the panelists will discuss relevant aspects of the Fair Credit Reporting Act and Fair Debt Collection Practices Act, the discharge injunction, and jurisdictional issues that may impact litigation of these disputes.

This panel will help you analyze the strategic twists and turns of taking bankruptcy appeals. When can you appeal? When should you? And if you have a choice of appellate courts (district court, BAP, court of appeals), how do you decide which to select? The panelists will share from their collective experience on both sides of the bench, including best practices — and perhaps a horror story or two.

In the 2022 and 2023 Supreme Court terms, there have been three or four bankruptcy cases on the docket in each term, as opposed to the more normal one case every year or even every other year. Cases have included both very significant issues that may have far-ranging effects, as in Harrington v. Purdue Pharma L.P. (whether the Bankruptcy Code authorizes a court to approve, as part of a plan of reorganization under chapter 11 of the Bankruptcy Code, a release that extinguishes claims held by nondebtors against nondebtor third parties without the claimants’ consent), and more discrete issues that could have limited impact, as in Office of the U.S. Trustee v. John Q. Hammons Fall 2006, LLC (whether to require the U.S. Trustee to issue refunds for the extra fees paid by debtors in certain districts to address the lack of uniformity identified in Siegel v. Fitzgerald). This panel will discuss these Supreme Court cases from the last two terms.

This panel will discuss the ins and outs of mediating consumer bankruptcy issues, including the types of issues typically mediated, selecting a mediator, and special considerations involved.

Attendees will work through case problems in small judge-led groups.

Your consumer client’s problems may go beyond traditional insolvency issues. This panel will discuss ethical and legal strategies to protect your client’s interests.

This panel will bring attendees up to speed on Zoom § 341s and best practices, as well as recent and important changes to chapter 13 administrative orders and forms, and will explore trends and tips for handling merchant cash advance (MCA) issues in consumer cases and mortgage-modification mediations. The panelists also will discuss income-driven repayment plans and highlight the DOJ's latest guidance on discharging student loans.

In Partnership with Epiq Bankruptcy Analytics Year-over-year bankruptcy filings continued to show solid increases across most chapters throughout 2023. Join ABI and statistical partner Epiq Bankruptcy Analytics for this special abiLIVE webinar, which will examine the consumer and business filing trends that emerged in 2023, how 2023's filings compare among different stakeholders and regions of the U.S., and whether these trends will continue into 2024.

This panel will provide an interactive presentation focused on litigating fraud in consumer cases under §§ 523 and 727. The panelists will focus on collateral estoppel issues, procedural considerations, tips for discovery and the development of relevant evidence, and will provide practical advice about handling these cases before the courts.