Consumer Bankruptcy

The judges will discuss ethical issues involved with the representation of parties in bankruptcy proceedings. Topics for discussion include pre-filing obligations (e.g., investigation of assets, conflicts, employment and fee-sharing agreements), duties upon filing the case (e.g., disclosures, fee applications, § 341 meetings, adversary proceedings), and ongoing and other obligations (e.g., fee disgorgement, duties throughout a chapter 13 proceeding, sanctions). The discussion will consider federal bankruptcy statutes, federal and state rules of procedure, and state rules for attorney conduct.

Speakers, including members of the ABI Commission on Consumer Bankruptcy, will analyze the focus of and suggestions by the Commission on the reduction of barriers to entry into chapter 13, enhancing the fresh start and making chapter 13 work for all stakeholders.

This presentation combines art and insolvency law to reveal fascinating insights into Dutch artist Rembrandt’s life (1606-69): his Amsterdam workshop, loves, real estate and art investing, fraudulent transfers and secret corporations, along with asset auctions and jurisdictional issues not seen since Stern v. Marshall.

This session will highlight particularly interesting case law developments to date in 2019 and their impact on bankruptcy law and practice.

The panelists will take an interactive look at recent developments, trends and cases of note in consumer chapter 7 and chapter 13 cases, including issues related to the new chapter 13 forms, the effect of the new tax bill on consumer debtors, the intersection between consumer bankruptcy and the cannabis industry, the current lending environment, trustee avoidance claims to recover payments for tuition/loan payments, filing trends and other issues.

This panel will present a lively discussion of key issues decided in consumer bankruptcy cases throughout the country over the past year.