Consumer Bankruptcy

Sponsored by Telpner Peterson Law Firm, LLP

This panel of Eighth and Tenth Circuit bankruptcy judges will discuss several recent decisions from the U.S. Supreme Court, the Eighth and Tenth Circuit Courts of Appeals and Bankruptcy Appellate Panels, and elsewhere that are likely to impact your bankruptcy practice.

Sponsored by Baird Holm LLP

This panel will provide an overview and discussion on the most recent bankruptcy decisions and changes to official guidelines and legislation impacting bankruptcy practice today. The case law discussion will cover the most recent bankruptcy opinions from the Supreme Court and Circuit Courts of Appeals as well as Bankruptcy and District Court opinions of note. The panel will provide thorough summaries of these cases and changes to other bankruptcy-specific rules, laws, and regulations as well as discuss the larger implications of these new precedents and changes on current practice and future bankruptcy trends.

Debtors’ lives don’t stop once a chapter 13 is filed. Jobs could be changed or lost, property can be sold and inherited, and debtors can become injured and can sue. Debtor's counsel has to know how to “roll with the punches” and still achieve the best outcome for their client. This panel will discuss the impact of foreseen and unforeseen events in a chapter 13 case. Who gets the benefit of equity in a debtor’s home if it is sold and has appreciated since filing? What if the case converts to chapter 7? What assets are included in the chapter 7 estate upon conversion? Does a debtor have a duty to disclose a post-petition asset such as a cause of action or inheritance? How does debtor’s counsel get paid to deal with all of these issues? Is a chapter 13 trustee entitled to be paid if a case is dismissed before confirmation? What are the requirements to modify what is paid in a chapter 13 plan?

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.

Consumer lawyers on behalf of both debtors and creditors deal with myriad ethical issues to ensure effective and economical representation of their clients. This panel will explore the implications of representing individuals, small businesses, insiders and creditors, including what to do when your client becomes your creditor (how far can you go to get paid?) and how to avoid breaching the attorney/client privilege (just who do or can you talk to?). In a small business, the owner often considers counsel to be representing “her” interest. How does counsel for a business deal with this issue under the ethical rules and the Bankruptcy Code? For the creditor, what are the implications of potential conflicts by counsel to the debtor? Can the creditor reach out to a principal of the corporate debtor directly on their guarantee without violating the Rules of Professional Conduct? What are the ethical limits of “unbundling services” to make it more affordable for the client, whether you represent a debtor or a creditor? This panel will explore ways to accomplish your client’s goals, as well as the ethical boundaries of representation under those scenarios.