Discharge/Dischargeability

This session will highlight particularly interesting case law developments to date in 2017 and their impact on bankruptcy law and practice.

This panel will discuss the growing practice of the pre-petition transfer of business assets to insiders to allow for an individual filing, and the resulting issues for the debtor and its creditors. Is it fraud per se, or is it a creative way to get your individual client and their business assets into one case? Join us as we discuss this inspired, but precarious, practice.

This panel will discuss the growing practice of the pre-petition transfer of business assets to insiders to allow for an individual filing, and the resulting issues for the debtor and its creditors. Is it fraud per se, or is it a creative way to get your individual client and their business assets into one case? Join us as we discuss this inspired, but precarious, practice.

Our expert faculty will pull back the curtain on representing creditors and will examine current issues facing mortgage and automobile creditors. Topics will include updates on the mortgage and automobile loan servicing industry, new proofs-of-claim rules and forms, servicing standards, statutes of limitations, and compliance issues.

A debtor’s real property is worth less than the debt it secures. Taxes, HOA fees, fines and liability for accidents can pile up on property that a debtor can’t afford and no longer wants. This panel will examine whether a debtor can get rid of the property and these problems in bankruptcy.

This session will focus on a number of highly debated discharge objection issues, including responsibilities and culpability of debtors’ attorneys, procedures and criteria for settling or dismissing a § 727 objection to discharge in an adversary proceeding, and the “selling” of discharges.

Moderator: Brian L. Shaw Shaw, Fishman Glantz & Towbin LLC Resolved: Credit counseling received on the petition date, though after the time of the filing, satisfies the requirements of section 109(h)(1). Speakers: Pro: Hon. Robert D. Martin U.S. Bankruptcy Court (W.D. Wis.); Madison Con: Hon. Eugene R. Wedoff U.S. Bankruptcy Court (N.D. Ill.); Chicago Resolved: Student loans should be dischargeable in bankruptcy. Speakers: Pro: William J. Factor The Law Office of William J. Factor, Ltd.; Northbrook, Ill. Con: Monette W. Cope Weltman, Weinberg & Reis Co., LPA; Chicago Resolved: “Fee jumping” in chapter 13 cases is legal and ethical. Speakers: Pro: Nicholas Perino Swanson & Desai, LLC; Chicago Con: Justin R. Storer Lakelaw; Chicago