Consumer Bankruptcy

The panel will address trends in dischargeability, modification programs, prospects for legislative changes and other recent developments.

Consumer debtors have been turning up the heat recently and asserting private rights of action, specific performance and damage claims based on federal statutes passed in response to the consumer mortgage loan crisis. This panel will explore issues surrounding the claims asserted under nonbankruptcy consumer mortgage mitigation programs (HAMP, HARP, etc.) and enforcement programs (National Mortgage Settlement, OCC consent orders, etc.) by debtors in chapter 13 cases.

Individual chapter 11 cases continue to present practitioners with a variety of complex and perplexing issues. This panel will discuss navigating through an individual chapter 11 case from the perspective of both the debtor and its creditors.

A. Absolute Priority Rule in Individual Chapter 11s John A. Anthony Anthony & Partners, LLC; Tampa Michael C. Markham Johnson, Pope, Bokor, Ruppel & Burns, LLP; Clearwater B. Lifestyle Issues in Individual Chapter 11s David S. Jennis Jennis & Bowen, P.L.; Tampa Frank P. Terzo GrayRobinson, PA; Miami C. Exculpation of Professionals in Chapter 11 Plans Charles A. Postler Stichter, Riedel, Blain & Prosser, PA; Tampa Joseph Samet Baker & McKenzie LLP; New York

Years after the creation of the concept of domestic-support obligations, the panel will discuss how bankruptcy courts have interpreted this concept and how “alimony, maintenance and support” is a key element in BAPCPA cases. The presentation will also highlight the complex relationship between bankruptcy and domestic-relations law, and whether bankruptcy courts are bound by state courts’ determinations when issues of claim classification are raised. This panel will also discuss the criteria for the approval of applications for employment and reimbursement of fees, the role of the different trustees in those processes, the independent role of the bankruptcy judges and the consequences of not filing a timely application. Consideration will be given to the perspectives of debtor’s attorneys, special counsel, other professionals and secured creditors’ attorneys.