Consumer Bankruptcy

This panel will address critical questions when determining whether and when to convert a case from one chapter to the other, including: When is the most strategic time to convert? When is conversion required? When and why do trustees and creditors move to convert? What can a debtor do to avoid conversion?

Advising and interacting with clients remotely, with a strong reliance on electronic rather than in-person communications, is the reality for most bankruptcy professionals in a post-pandemic world. This session will focus on the resulting ethical issues facing consumer practitioners, including issues regarding the verification of debtor identity, authority issues regarding the use of client signatures, protection of confidential client information, conduct during telephonic (or video) § 341 meetings, and ethical obligations in the face of data breaches. The panelists will use hypothetical scenarios to demonstrate the ways in which these ethical issues often arise, and will discuss best practices to handle these issues, as well as highlight potential access-to-justice problems that clients can face.

This session considers developments in recent case law, including fraudulent transfers in the context of tax lien foreclosures and aggressive pre-bankruptcy planning, alternative noticing, fee issues involving bifurcation and disgorgement, and dischargeability issues. The panelists will provide their perspectives and analyses from the bench, bar and trustee system regarding these latest updates.

In this session, financial professionals will discuss understanding the client's current financial situation, tax implications of attorney decisions, and how to build projections and budgets.

Join ABI Editor-at-Large Bill Rochelle for this fun and informative session as he and several bankruptcy judges discuss circuit splits and hot topics on important bankruptcy issues. An attendee favorite!