Consumer

This panel will discuss new movements in foreclosure practices and procedures post-COVID-19, much ado about In re Kinney, dealing with mortgage payment issues at the end of a chapter 13 plan, Rule 3002.1 concerns and remedies, whether to forbear or not to forbear, and implications of COVID-19 forbearance relief options and bankruptcy.

Bifurcated fee arrangements involve splitting the consumer chapter 7 engagement into pre-petition and post-petition fee arrangements that require little or no money down for the work required to finish the case. In several jurisdictions across the nation, however, bifurcated fee arrangements in chapter 7 cases are being challenged. This panel will review the complex issues related to these fee arrangements.

This will be a lively discussion of the latest cases involving student loan dischargeability and issues related to litigating in this area, including what constitutes “undue hardship”, the Brunner Test, consideration of income-based repayment programs and other related topics.

This session will discuss how to get your consumer bankruptcy appeal across the finish line. We’ll cover strategic considerations, common pitfalls (e.g., standing, finality, mootness) and tips for navigating the course.

Many debtors cannot afford to pay Ch. 7 fees in full in advance of filing. This leads to perverse outcomes for debtors, including the common filing of Ch. 13 cases solely to obtain a stay while paying counsel’s fees over time or not filing a needed bankruptcy. Courts across the country are adopting local rules allowing prepetition agreements to render services post-petition for payments to be made post-petition. Many courts do not allow this. What is appropriate?

A conversation on how bankruptcy courts can get ready for the expected tsunami of mortgage defaults post-COVID and beyond. The panelists will share recent updates on extending the same process to address student loan defaults in chapter 13 bankruptcy cases.

This panel will explore some of the nasty topics that keep consumer lawyers awake at night, such as HOA/timeshare issues, surrendering in light of no foreclosure, and fee-jumping.

This session will outline the top 10 consumer issues any bankruptcy or other attorney practicing consumer law needs to know.

A number of Important dialogues in recent years have addressed lawyers struggling with mental health issues and drug/alcohol problems. But what happens when it's the debtors and creditors who have these issues, such as small equityholders and former employees of chapter 11 debtors? This roundtable discussion will focus on the issues the industry sees on a daily basis — mostly in the consumer context, but not always.

Hosted by the Consumer Bankruptcy and Legislation Committees This panel will compare Sen. Elizabeth Warren’s bill with the ABI Consumer Commission’s Final Report, released in 2019, and will address consumer bankruptcy legislation that could be introduced this spring.