Vermont State Approved Sessions

The push for more uniform systems allowing for the exchange of restructuring efforts between countries continues unabated. This panel will discuss the last year or two of developing trends in the U.S. as they reflect this growing international paradigm, and will also comment on recent cases and decisions of note covering the international restructuring experience.

The most popular session each year, this annual favorite will cover all recent bankruptcy law decisions and current consumer bankruptcy law issues. This session is a must-attend for professionals to stay current on consumer bankruptcy law issues.

Recovering estate property isn’t always as straightforward as directing the debtor to turn over property. This session will focus on situations where a nonbankrupt party (receiver, agent, court officer or assignee) has possession of property of the debtor/estate. How does the Bankruptcy Code define a “custodian," and what rights and responsibilities do custodians have? What rights do the debtor and trustee have? Can the custodian maintain possession of the property, and under what circumstances? Are custodians entitled to any fees/costs, statutory or otherwise, for maintaining possession of the property? Do creditors have to assist in getting the property back from the custodian? If the custodian gives up possession of the property, does it go to the debtor or the trustee?

Most individual chapter 7s proceed seamlessly from petition to discharge, but an effective practitioner must be able to identify and manage those difficult cases where obstacles to discharge abound. How do you identify chapter 7s with potential problems (debtors with businesses, searching public records for assets and transfers, requesting and reviewing documents in advance of filing, effective communication, etc.)? The session will also discuss how to manage chapter 7s that go sideways (staying on top of trustee document-production requests, 2004 exams, objections to discharge, and negotiating effectively with the trustee), how to get paid (supplemental 2016(b) statements, new retainers and retention agreements, what’s covered by the original retainer agreement), and when and how to get out (declining to file messy cases to avoid consequences for you (malpractice) or your client), as well as withdrawing for lack of post-petition payment for new work or client cooperation.

This session will draw upon the immense popularity of the annual Case Law Update session, focusing on a handful of important bankruptcy cases that are sure to affect your consumer practice.

This session will focus on pending legislation that may affect your practice, and on ABI’s latest recommendations regarding personal bankruptcies. What are the latest developments and strategies to address student loans? Is a legislative fix for the student loan crisis really in the works (H.R. 2366)? What would the small business bankruptcy bill do, and where does it stand? Will veterans' benefits become exempt from means testing? The session will also cover other notable legislative actions, as well as the key takeaways from the Final Report of the ABI Commission on Consumer Bankruptcy.