Consumer

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.

Two sitting judges and a professor of bankruptcy law will offer an overview on the sources of authority for the issuance of sanctions and holding persons or entities in contempt, the nature of the remedies available, applicable standards and the appropriate procedures. The discussion will cover sanctions available under various provisions of the Bankruptcy Code and the Bankruptcy Rules, including Rule 9011, failure to make discovery and bankruptcy court authority to discipline counsel. Also discussed will be the court's sources of power of contempt, limitations on that power, and procedures the court should consider before exercising such power.

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.