Consumer

This panel is a great way to stay ahead of your peers and adversaries! The panelists present a cutting-edge review of the most important decisions of the day that could impact your practice.

The panelists will discuss the findings of the ABI Commission on Consumer Bankruptcy, focusing on three areas of great interest to the Commission: (1) student loans; (2) how attorneys get paid; and (3) a “reserve fund” for chapter 13s so that debtors can save for unexpected emergency expenses.

Bankruptcy and student loans do not mix because of Brunner, but as outstanding student loan debt nationwide has risen to $1.5 trillion and climbing, there is a huge need for a solution to the student loan debt crisis. During this session, you will learn the different options student loan debtors have, and identify ways to be compensated for your services. Also, you will receive an inside look from a chapter 7 trustee on how to identify (and hopefully avoid) the pain that could come with a dreaded tuition clawback.

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.