Consumer

Hosted by ABI's Real Estate CommitteeThe office sector remains one of the most challenged areas of commercial real estate, with fundamentals shifting in ways that continue to test owners, lenders and tenants alike. While prime properties in select markets are benefiting from a clear flight to quality, overall leasing activity is uneven, and vacancy rates remain elevated nationwide. With billions of dollars of office-based loans in distress and higher rates with tighter underwriting colliding with declining property valuations, the office asset class continues to be a real estate sector that restructuring professionals should watch closely.The Real Estate Committee is pleased to provide a deep dive into this market from the perspective of a national bank special assets manager, a CMBS attorney and a transaction professional through a hybrid Zoom webinar and in-person program at the New York City offices of Pillsbury.

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) was implemented on Oct. 17, 2005. This panel of experts will provide their perspectives on the impacts of the law on consumer and business bankruptcies in the 20 years since the law went into effect. John Penn of Perkins Coie (Dallas), who served as ABI's president when BAPCPA became law, will be joined by two former bankruptcy judges who were on the bench at the time of the law's implementation to discuss the developments brought about by BAPCPA, and to share their views on potential bankruptcy law reforms moving forward.

This panel will explore best practices for selecting, preparing and effectively using expert witnesses in bankruptcy disputes, including in valuation, fraudulent-transfer and preference actions. The panelists will discuss common pitfalls, ethical considerations, and how opposing counsel can effectively challenge expert credibility and methodology. Attendees will gain practical tips for maximizing the value of expert testimony and avoiding costly missteps in contested bankruptcy matters. 

This lively panel of bankruptcy judges will debate the most pressing and controversial issues shaping bankruptcy law today. Gain unique insights from the bench on evolving case law, procedural challenges and emerging trends affecting practitioners across the bankruptcy spectrum.

In today’s digitally connected world, attorneys face unique challenges and opportunities at the crossroads of social media, credit reporting and bankruptcy law. This panel will first debunk prevalent social media myths and scams that complicate client advisement and the setting of realistic legal expectations. Next, the panelists will delve into the nuanced relationship between credit reporting and bankruptcy, offering insights that enhance attorneys' ability to guide clients through financial restructuring. Finally, the discussion will highlight effective strategies for harnessing social media as a tool to positively influence public perception and expand access to critical legal information. Join us for an engaging session designed to equip legal professionals with practical knowledge and innovative approaches for navigating this evolving landscape.

This panel will provide guidance on identifying and addressing issues relating to personal-injury (PI) causes of action that arise (or are discovered) post-petition in consumer bankruptcy cases. When are they property of the estate? What disclosures are required, and when? How does judicial estoppel apply? In chapter 13 cases, does the debtor need court approval to retain and pay PI counsel? Is bankruptcy court approval required before the debtor settles a cause of action? The panelists will address these questions and more.

This panel will break down last year’s Supreme Court bankruptcy cases, notable circuit court of appeals decisions, and growing circuit splits, and will discuss how developments in bankruptcy appellate law have impacted bankruptcy practice.

This panel canvasses practical tax-related considerations for consumer attorneys to help you avoid common pitfalls, including the impact of tax issues on the timing of filing, dischargeability, asset administration and exemptions; a survey of trust fund taxes, what they are, how they differ across the states, and what they mean for individual liability; the responsibilities of chapter 13 debtors from a tax perspective; and negotiating with taxing authorities.