Consumer Bankruptcy

Knowing the Bankruptcy Code, following the latest case law, and effectively advocating for your client in court are just some of the skills that make a consumer practitioner successful. But much of hard work in making a case successful happens before it is filed. This panel will examine the art of pre-bankruptcy planning in the consumer case, including strategies for marshaling the most accurate information from your client, selecting the chapter that is most appropriate for your client’s situation, and developing a strategy for prosecuting the case.

Let our experts guide you through the most important current chapter 13 issues, including (1) is a chapter 7 trustee entitled to a commission on a converted case?; (2) is interest required in a 100 percent chapter 13 plan where not all disposable income is contributed?; (3) is failure to make direct payments on a mortgage grounds for denial of discharge?; and (4) can a debtor employ § 506(d) to avoid a lien in a subsequent chapter 13 case (chapter 20), even though the debtor is not eligible for discharge?

The leadership of ABI's Commission on Consumer Bankruptcy releases its Final Report and Recommendations during this panel. The 17-member Commission examined dozens of issues over the last two years. The Final Report focuses on reductions of barriers to entry, enhancing the fresh start and making chapter 13 work for all stakeholders.

The practice of consumer bankruptcy law is an ever-changing landscape, with new issues arising every day! This panel will explore some of the most recent exciting and evolving decisions including discharge of student loans, the challenges when personal property is repossessed pre-petition, pawn loans and the automatic stay, and consumer class actions in bankruptcies.

In this roundtable format, attendees can visit with leading judges (each presiding at their own table) to discuss and debate the nation’s most important recent business and consumer bankruptcy decisions.

This session offers a valuable-yet-fun look at §523 through a mock adversary trial. Conducted by some of the most experienced bankruptcy litigators in the country, this event will most definitely help sharpen your trial skills.

It is difficult to confirm reorganization plans in small business cases and individual chapter 11 cases. This panel will discuss best practices in getting these types of cases across the finish line.

Hosted by the Consumer Bankruptcy and Legislation Committees A fresh start is now becoming less attainable for many debtors because the traditional "all-up-front" attorney fee approach discourages filing for chapter 7. Some attorneys are solving this problem by splitting pre-petition and post-petition services into separate agreements to allow post-petition payments for post-petition work. The panel will discuss the practical need for this type of fee arrangement, the nuts and bolts of this payment arrangement, the pros and cons of such a system, where it is and where it is not allowed under existing law, a discussion of the current case law concerning such a system, and various policy considerations under review by ABI's Consumer Bankruptcy Commission.

This panel will discuss recent ethics opinions and modern issues facing consumer practitioners.