Consumer Bankruptcy

Recent Prosecutions, Ponzi Schemes, Debtor Crimes, Professional Fraud (including Medicare and Medicaid) plus Upcoming Discharge Issues.

The U.S. Supreme Court will decide three bankruptcy cases this term: (1) Executive Benefits Insurance Agency v. Arkison, which addresses the constitutionality of the district court referral system for bankruptcy cases and consent to jurisdiction where separation of powers is at issue; (2) Clark v. Rameker, which involves the availability of exemptions for inherited IRAs; and (3) Law v. Siegel, which deals with a bankruptcy court’s authority under § 105 to surcharge exemptions. In each of these cases, either the parties are represented by First Circuit practitioners and law firms, or the underlying circuit splits involve precedents from the First Circuit. This panel will offer an insider’s view of the issues and outcomes.

This panel will cover Delaware working group and U.S. Trustee Task Force recommendations.

This panel will cover issues that arise when property of the estate isn’t property of the estate, tax status issues and tax attributes, including NOLs.

This panel will review cases from the 2013 and 2014 terms (Bellingham; surcharge case; other bankruptcy cases).

This panel consists of debtor and creditor lawyers who will debate current problematic issues in chapter 11 cases filed by individuals, including the absolute priority rule and challenges to the lifestyles of wealthy debtors.

This panel will take an objective look at the viability and the purposes of the proposed national plan form and the amendments to the bankruptcy rules related thereto.

This panel will discuss the current status of the law related to lien-stripping in chapter 7 and chapter 20 cases — including an update on the lien-stripping cases pending before the Supreme Court and Eleventh Circuit, and their potential impact on future bankruptcy practice in all chapters.