Consumer Bankruptcy

Consumer

Consumer

When are they the right option? Absolute priority rule, conversion to and from chapter 7. Non CLE.

ABI’s panel of experts will discuss the ethical and compensation issues that can arise while representing chapter 7 and 13 debtors as well as individual chapter 11 debtors. Topics covered include client fraud and an attorney’s duty to verify client information, attorney fee structures, and complex issues in individual chapter 11 cases. The panel includes perspectives from the attorneys and trustees, as well as the academic reporter for the ABI Ethics Task Force.

This panel will feature discussion, comments and thoughts on the proposed national uniform chapter 13 plan. Participate in an in-depth discussion on the changes coming to your chapter 13 practice.

Since more individuals have been seeking relief under chapter 11, this panel will explore many of the challenging issues surrounding individual chapter 11 cases and things that practitioners need to know to successfully navigate these kinds of cases, including post-petition expenditures, plan requirements and absolute-priority issues, retention and employment issues, fiduciary duties and related items.

Business Debate Resolved: Success fees for financial advisors should be eliminated. (Sides to be chosen by a coin toss at the beginning of the session.) Candace C. Carlyon Shea & Carlyon Ltd.; Las Vegas Frank A. Merola Stroock & Stroock & Lavan LLP; Los Angeles Judicial Debate Resolved: Claims benefiting from third-party guaranties may be separately classified. Pro: Hon. Barry Russell U.S. Bankruptcy Court (C.D. Calif.); Los Angeles Con: Hon. Eileen W. Hollowell U.S. Bankruptcy Court (D. Ariz.); Tucson Consumer Debate Resolved: Section 523(a)(8) limiting discharge of student loans should be eliminated. Pro: Kasey Cameron Nye Mesch, Clark & Rothschild, PC; Tucson, Ariz. Con: Madeleine C. Wanslee Gust Rosenfeld, PLC; Phoenix

The information you glean from Part I needs to be viewed with the practical approach found in Part II. If you are challenging dischargeability, how do you prove it? All debtors are in a hardship, but what is an undue hardship, and again, what evidence should you have at the ready to prove the debtor’s case. Using a short vignette, this panel will address the evidentiary and practical quandaries that must be overcome in order to plead and prove a case for dischargeability of loans under Section 523(a)(8).