Consumer Debt

Rule 3002.1 exists to protect debtors and creditors from unnecessary disputes over the status of current and former chapter 13 debtors’ mortgage loans. A recent Second Circuit opinion (In re Gravel) calls into question the ability of bankruptcy courts to impose monetary sanctions on mortgage-servicers that fail to comply with Rule 3002.1’s requirements. In this session, the panelists will cover both Gravel (and the dissent) and a recent bankruptcy court opinion (In re Blanco) that rejects the reasoning in Gravel. Can the two cases be reconciled? What is the standard that must be established to justify the imposition of sanctions when mortgage-servicers fail to comply with Rule 3002.1’s requirements, and what are the limitations on the amount of sanctions that can be considered appropriate? The panelists will discuss these questions along with additional legal actions and notices that consumer attorneys should take in these cases, as well as using an adversary proceeding in lieu of a motion.

For many distressed businesses, factoring loans — where third-party companies provide advances on invoices due — can be lifelines. This session will discuss this trending topic, as well as the dischargeability of nonpriority taxes for late-filed tax returns, and cryptocurrency.

For many distressed businesses, factoring loans — where third-party companies provide advances on invoices due — can be lifelines. This session will discuss this trending topic, as well as the dischargeability of nonpriority taxes for late-filed tax returns, and cryptocurrency.

The title says it all — and these sessions are always full of fireworks. We’ll cover post-petition appreciation in chapter 13s (to whom does it belong?), bifurcation of chapter 7 fees, and lien-stripping in chapter 20. You might be picking a side, but you’ll learn a lot from both sides!

To ease the financial fallout from the pandemic, there could be increased congressional interest in consumer bankruptcy reform. Sen. Elizabeth Warren and Rep. Jerrold Nadler already have proposed a complete overhaul of the consumer bankruptcy system and a new chapter 10 for all individual debtors. Several pending legislative proposals would make it easier to discharge student loans in bankruptcy. Profs. Robert Lawless and Adam Levitin will explain these proposals, the motivating factors behind them, and what else might be coming in the consumer bankruptcy world.

Bankruptcy filings fell dramatically during this latest recession and pandemic. The practice of law, especially insolvency law, was (temporarily?) upended. This panel will explore how the past might inform future filings.

This panel will discuss new movements in foreclosure practices and procedures post-COVID-19, much ado about In re Kinney, dealing with mortgage payment issues at the end of a chapter 13 plan, Rule 3002.1 concerns and remedies, whether to forbear or not to forbear, and implications of COVID-19 forbearance relief options and bankruptcy.

Join ABI Editor-at-Large Bill Rochelle as he hosts a panel of bankruptcy judges to discuss circuit splits on important bankruptcy issues. Back again from the Annual Spring Meeting, this attendee-favorite panel will be presented in a fun game show format, where judges will vote to resolve the issues before they reach the U.S. Supreme Court.

This will be a lively discussion of the latest cases involving student loan dischargeability and issues related to litigating in this area, including what constitutes “undue hardship”, the Brunner Test, consideration of income-based repayment programs and other related topics.

This session will discuss how to get your consumer bankruptcy appeal across the finish line. We’ll cover strategic considerations, common pitfalls (e.g., standing, finality, mootness) and tips for navigating the course.