Consumer Debt

This panel will focus on the sale of discharged debts, the intersection between the Code and the FDCPA, the involvement of the CFPB in consumer cases, and more.

This panel will focus on recent trends in student loan dischargeability cases, including whether the Brunner standard should be revisited, and recent case law involving tax debts.

This panel will discuss new issues arising post-BAPCPA regarding § 524 and mortgage payments, disclosure of post-confirmation income and assets, revesting of estate property, post-petition changes to assets, and others.

This session will discuss student loan issues that arise both pre- and post-petition. Among the pre-petition issues are collection actions against borrowers, nonbankruptcy alternatives for borrowers, and legislative updates. Among the post-petition issues are the elements of nondischargeability under § 523(a)(8), classification of student loans in chapter 13 cases, preference actions to recover pre-petition payments on student debt and more.

Recent and Pending Legislation Regarding Student Loans and CFPB Regulations for Mortgage Servicing

This panel will present a roundtable discussion.

Resolved: A chapter 11 plan can grant a third-party release. Resolved: A bankruptcy judge can disband a creditors’ committee. Resolved: Filing a proof of claim on a time-barred debt violates the FDCPA

Featuring Students from the Memphis University Duberstein Moot Court Team

Featuring Students from the Memphis University Duberstein Moot Court Team

11This panel will discuss practical considerations in addressing wholly unsecured junior mortgages, determining the amount of senior mortgages, timing of valuations and the burden of proof.