Consumer Bankruptcy

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

The panel will survey recent cases in areas such as stay litigation, lien-stripping, exemptions, family issues and student loans.

This session will be a fast-paced tour of advanced topics on a broad range of bankruptcy issues. While many U.S. Supreme Court decisions seek to address circuit splits and resolve issues of differing interpretation, the decisions often create additional diversity in interpretation and practice. This panel will address the last decade of Supreme Court decisions and their aftermath, and will take a look at pending and potential cases that may soon be decided.

Proper representation requires that the lawyer consider from the onset of the relationship a variety of practical and ethical concerns. This panel discussion will focus on such issues as whether bankruptcy is the best alternative and which form of bankruptcy is the appropriate one, as well as certain pre-bankruptcy considerations and ensuring that the representation does not run awry of certain ethical considerations and canons.

The panel will address dischargeability litigation from both the debtor and creditor (and bench) perspective.