2015

There is a reason attorneys choose the practice of bankruptcy and one of those reasons is, they would rather not handle a divorce case even with a ten foot pole. Unfortunately there are grave consequences if you are unclear as to how the bankruptcy code and a divorce may interact. This Panel will guide you through the minefield of potential issues thereby preventing your client’s divorce from blowing up your case.

Hear it from the lawyer who represented Detroit in its Chapter 9 Case. David Heiman will discuss the many events that made this case the case that it was including the way the deal of a lifetime was made.

An exploration of the issues, tensions and competing demands that frequently arise in connection with the representation of both consumers and small businesses as debtors where circumstances do not allow lawyers to be paid a full fee to represent the debtor with respect to all aspects of their bankruptcy case. Among other matters, the panel will consider are issues relating to access to the bankruptcy system and the legal fees that the consumer/business can afford and the market will support. The panel will also discuss various pertinent Rules of Professional Conduct, which may include RPCs 1.1 (competency), 1.2 (scope of representation), 1.3 (diligence), 1.4 (communication), 1.5 (fees), 1.6 (confidentiality), 1.8(f), 3.3 and 8.4, as well as pertinent case law and the White Paper produced by the ABI’s National Ethics Task Force on limited services representation in consumer bankruptcy cases.

This session will discuss recent bankruptcy cases from the Supreme Court and the Eighth and Tenth Circuits from the point of view of three bankruptcy appellate panel judges.

This panel will discuss the expanding body of case law on the limits of the bankruptcy court's jurisdiction over proceedings "related-to" a bankruptcy case under 28 U.S.C. §§ 157(a) and 1334. The panel will also address the impact of the Supreme Court’s recent rulings in Stern, Executive Benefits and Wellness International and how these decisions have impacted the Bankruptcy Court’s authority and jurisdiction.

Bankruptcy attorneys are faced with ethical issues every day. This plenary session will cover a variety of issues that every bankruptcy attorney should be aware of.

This panel of local bankruptcy judges will address what works and what doesn’t work in both written and oral advocacy. Thus, whether you are a new lawyer just starting out or a seasoned litigator looking to hone your skills, this session is for you.

Two of the commissioners from the ABI’s Chapter 11 Reform Commission (and former ABI presidents) will give a report on two parts of the Commission Report that could impact your everyday practice. Jim Markus will discuss the Small and Medium-Sized Enterprises section and Geoff Berman will discuss Avoidance Actions

Many consumers feel the mortgage and credit industry has been nipping at their heels for a long time without any rhyme or reason. The CFPB was enacted as the watchdog to protect the consumer through education, enforcement of the law and through studying the behavior of the creditor industry. This Panel will introduce you to the benefits and services of the Consumer Financial Protection Bureau (CFPB).

This panel will deal will the human side of workouts and how deals get successfully negotiated. Some of the topics to be covered may include managing expectations, creating common understanding of facts, building and earning trust, face-to-face meetings, understanding motivations and concerns, managing disruptive personalities, back-channel communications, win-win vs. win-lose negotiating styles and more.