Consumer Bankruptcy

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.

The Constitution authorizes Congress to enact uniform bankruptcy laws, but attorneys know that many times the handling of consumer bankruptcy cases can seem just like real estate: location, location, location! This session will compare local consumer bankruptcy rules and procedures in the Eastern District of Michigan with those of the Western District of Michigan. It will cover the things that consumer bankruptcy attorneys who practice on both sides of the state need to know about the differences in the specific procedures of each of those courts regarding the preparation and filing of motions, conducting evidentiary hearings, chapter 13 plans and confirmation hearings, § 341 meetings, reaffirmation agreements, use of special-appearance attorneys, ethical implications of running a multidistrict practice, management of adversary proceedings, and the scheduling and handling of small chapter 11 cases.

A frequently asked question by an individual considering bankruptcy is, “What will it mean on my credit report?” This session is designed to help answer that question and other questions regarding credit reporting. What is a credit report? Who provides the information, and what gets reported? What are the range of scores, and what do they mean? How does chapter 7 impact an individual’s credit score going forward? How does chapter 13 impact it? What can an individual do if something untrue is reported? What can you do as the individual’s attorney to help out? What are a creditor’s responsibilities? Does it make any difference if some debts are reaffirmed? What is the effect of not reaffirming a mortgage or automobile purchase? How long does information stay reported? How does a bankruptcy by one spouse affect the credit of the nonfiling spouse?

This session will consider what an attorney can do after receiving an adverse decision from the bankruptcy court, including strategic considerations, as well as the nuts-and-bolts procedures in deciding whether to appeal and in prosecuting an appeal. What decisions are appealable as final orders? What decisions require permission to appeal on an interlocutory basis? What are the applicable Federal Rules of Bankruptcy Procedure governing appeals, and what requirements do they impose? What is the standard of review for an appeal of an incorrect legal decision? What is the standard of review for an appeal of an incorrect factual finding? How and when can you obtain a stay of an adverse ruling pending the appeal? How do doctrines of jurisdiction, standing, mootness and ripeness apply to an appeal? What types of issues most frequently get appealed, and what rates of success are there?