Consumer Bankruptcy

Are we headed for another crash? If so, are we ready? This panel will discuss recent case law and provide a statutory update, including cram down standards in consumer cases and the current market.

This panel will delve into the roles of chapter 7 trustees and debtor’s counsel in complex cases, including (1) due diligence, planning and preparation for chapter 7 cases; (2) trustees' perspectives (when to start digging); (3) dealing with business ownership interests in individual cases; (4) risks to individual principals when entities file bankruptcy; and (5) getting paid in complex cases.

Please also see Part 1 at https://cle.abi.org/product/consumer-workshop-i-my-cousin-vinny-evidence-and-trial-skills

Consumer Workshop I: My Cousin Vinny: Evidence and Trial Skills in Consumer Bankruptcy Cases, Including Challenges in Consumer Representation: Part I For part II, visit https://cle.abi.org/product/my-cousin-vinny-evidence-and-trial-skills-c…

Preparing for Success: Managing Tax Issues in Consumer Bankruptcy. The panel will discuss common tax issues arising in consumer bankruptcy cases, with a focus on tax claims, the consequences of when a bankruptcy petition is filed, consequences of chapter selection, handling tax claims in bankruptcy and common discharge issues. Learning Objectives:A Attendees will be able to identify numerous tax issues to be considered before and after a consumer bankruptcy petition has been filed.Attendees will have the benefit of viewpoints offered by a U.S. Government lawyer, a consumer lawyer and a bankruptcy judge on numerous tax issues.

This session will discuss both prosecuting and defending § 523 exceptions to discharge adversary proceedings. Rather than cover the substantive law governing what is dischargeable, this session will concentrate on strategies for prosecuting and defending these adversary proceedings, including what must be pled to state a claim for relief, strategies for filing motions to dismiss and motions for summary judgment, understanding when collateral estoppel or res judicata from prior litigation has an effect, strategies regarding settlement and mediation, advising clients on options for settlement vs. litigation, and discovery issues and trial strategies.