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Indiana State Approved Sessions

CONSUMER TRACK: What Is Hot in July Besides the Weather? Litigation in Consumer Cases, Part 2

This is the second part of a two-part panel that will cover a potpourri of current hot topics being litigated in chapter 7 and 13 cases, with a special focus on LVNV v. Crawford and related litigation, consumer protection (including the basics of credit reporting and regulatory actions), mortgage modifications and post-discharge actions, and the UST’s enforcement activities.
1 hour 36 minutes 31 seconds

CONSUMER TRACK: Bankruptcy and Divorce: Critical Issues for Attorneys (and the Start of a Sad Country Song)

Domestic-support obligations, the impact of the automatic stay in domestic-relations cases, discharge litigation in chapter 13s, the retention of domestic-relations counsel in bankruptcy, same-sex spouses in bankruptcy cases in states where same-sex marriage is not recognized, and other “cheerful issues” frequently confronted in cases that involve both financial distress and domestic problems. This panel will provide an update on these and other important legal topics in this dark area of bankruptcy law.
1 hour 24 minutes 25 seconds

Ethics Session: Say Hello to My Little Friend, LLC: Ethical Issues Related to “Aggressive” Asset-Protection Planning and Lying Clients

This presentation will discuss ethical issues relating to representing debtors who have engaged in “aggressive” asset protection/exemption planning, the problem with using involuntary bankruptcies to resolve corporate disputes, issues on representing involuntary debtors, and what to do about clients who lie under oath or knowingly fail to turn over discovery.
1 hour 19 minutes 15 seconds

Yes, but Don’t Forget the Kitchen Sink: Secured Creditors’ Right to Recover Principal + Interest + Default Interest + Original Issue Discount + Late Fees + Prepayment Premiums + Fees + Expenses

This panel will examine and discuss the rights of oversecured lenders to obtain recoveries that go beyond principal and ordinary interest and recent case law dealing. The panel will focus on the right of oversecured lenders to recover late fees, reimbursement of attorneys’ fees, make-whole provisions/pre-payment premiums, original issue discounts and default interest.
1 hour 32 minutes 43 seconds

It's All About That Till, 'Bout That Till, 'Bout That Till...

This panel will discuss why experts are needed for cramdown analysis and other plan-confirmation issues raised by the Supreme Court’s decision in Till, including how to identify, select, prepare and present experts on Till confirmation issues.
1 hour 31 minutes 37 seconds

Time for Trial: Evidentiary Issues in Bankruptcy Litigation

This panel, which includes a bankruptcy judge, experienced litigators, and an expert witness, will explore through a mock trial various evidentiary issues that routinely arise in trials in bankruptcy court.
1 hour 31 minutes 27 seconds

Consumer Tax Toolbox: What Wrenches, Hammers and Nails Do You Need to Deal with Consumer Tax issues

This panel will provide updates on the law and suggest the necessary tools for your consumer tax toolbox, in particular chapter 7 vs. chapter 13, what happens to IRS claims after discharge, offers in compromise, when creditors can send a 1099, whether a debtor can ask a creditor not to send 1099 as part of a settlement; and other thorny tax issues frequently facing consumer bankruptcy lawyers.
1 hour 28 minutes 24 seconds

“Get Me Out of This Eleven!” Dealing with Bad-Faith Filings in Chapter 11 Cases

This panel will explore how to navigate the myriad issues caused by bad-faith chapter 11 filings and will discuss current case law and trends, including how and when a case should be dismissed, whether a business entity can be formed by real estate investors solely to file a chapter 11 bankruptcy, venue-shopping and a host of other issues.
1 hour 29 minutes 56 seconds