Consumer Debt

Many debtors cannot afford to pay Ch. 7 fees in full in advance of filing. This leads to perverse outcomes for debtors, including the common filing of Ch. 13 cases solely to obtain a stay while paying counsel’s fees over time or not filing a needed bankruptcy. Courts across the country are adopting local rules allowing prepetition agreements to render services post-petition for payments to be made post-petition. Many courts do not allow this. What is appropriate?

A conversation on how bankruptcy courts can get ready for the expected tsunami of mortgage defaults post-COVID and beyond. The panelists will share recent updates on extending the same process to address student loan defaults in chapter 13 bankruptcy cases.

This panel will explore some of the nasty topics that keep consumer lawyers awake at night, such as HOA/timeshare issues, surrendering in light of no foreclosure, and fee-jumping.

This session will outline the top 10 consumer issues any bankruptcy or other attorney practicing consumer law needs to know.

A number of Important dialogues in recent years have addressed lawyers struggling with mental health issues and drug/alcohol problems. But what happens when it's the debtors and creditors who have these issues, such as small equityholders and former employees of chapter 11 debtors? This roundtable discussion will focus on the issues the industry sees on a daily basis — mostly in the consumer context, but not always.

A year into the global pandemic, U.S. businesses and consumers remain affected in unprecedented ways. This panel of public policy and insolvency experts will share their insights and answer questions relating to the most recent federal stabilization programs, including updates to the PPP program, relief for municipalities and other relief provisions. The panelists will also discuss the administration's priorities and additional potential congressional action. Sure to be part of the discussion are student loans, the Consumer Bankruptcy Reform Act and the SBRA.

Sponsored by ABI's Consumer Bankruptcy Committee It is commonly understood that student loans are nearly impossible to discharge in bankruptcy. The standard has become mythical — akin to a “certainty of hopelessness.” Are the Brunner and totality-of-the-circumstances tests realistic standards? If not, what should legislators consider as an alternative? Will successful litigation break the mythical standard, and what could that look like? The prevalence of these cases is increasing every day, as courts are asked more often to evaluate the appropriateness of, and apply, these impossible standards. Simultaneously, the total amount of U.S. student loan debt continues to accelerate toward $2 trillion. Join ABI’s Consumer Committee as two consumer bankruptcy experts, Ed Boltz and Ray Hendren, debate what can — and should — come next.

This panel will discuss options and issues surrounding distressed shopping centers, retail spaces, apartments, office buildings, and other distressed real estate assets, plus proactive planning for distressed real estate assets.

This panel will discuss such personal-injury issues as mesh, malpractice and abuse cases in chapters 7 and 13. The discussion will include interviewing the client, appropriate disclosure of such claims, property of the estate, judicial estoppel, medical liens, federal and state exemptions, and settlements.

This panel will discuss the effects that the pandemic has had on both business and consumer bankruptcy filings, as well insolvency case work in general. The panelists will provide their insights on whether there will be permanent changes to bankruptcy and insolvency practice spurred by COVID-19. Sponsored by AlixPartners, LLP