Family/Divorce Issues

This panel will provide a general overview of dischargeability litigation under § 523 of the Bankruptcy Code, then delve into advanced litigation strategies derived from the panelists’ personal experiences in representing and adjudicating such matters. Understanding the far-reaching implications of the Supreme Court’s Bartenwerfer decision — allowing nondischargeable conduct to be imputed to debtors under applicable state law — will be the focal point of this panel’s discussion, which will highlight of a number of recent decisions applying Bartenwerfer to various dischargeability claims.

What is a DSO, and what does that bankruptcy provision in every Property Settlement Agreement mean, anyway? What debts are dischargeable, and if it is called “support,” is it truly support? Does the stay need to be modified post-petition in a chapter 13, and what do you do when a current chapter 13 client ends up in divorce court? This panel will address these questions and more, including the differences between chapters 7 and 13, and what actions are stayed.

This panel will discuss issues affecting the elderly in bankruptcy cases, including attorney misconduct, scams and identify theft, childrens’ mishandling of parents’ assets, wills, trusts, life estates and judgments, and reverse mortgages.

Divorces are messy enough without introducing bankruptcy into the equation — but when there is a bankruptcy aspect, there are a ton of issues to sort through. What happens in divorce court doesn’t always fly in bankruptcy proceedings, and vice versa. Learn tips for navigating through these often-contradictory laws.

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.

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.

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.