Consumer Debt

Avoiding Bankruptcy: What Options Exist (and Are Accessible)?

The Easy Fix: Is Repealing § 523(a)(8) Really the Answer?

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

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.