Consumer

This panel will discuss various sections of the Bankruptcy Code as they impact or are impacted by divorce proceedings. The panel will discuss the § 101(14A) definition of “domestic support obligations,” the rights of a representative appointed for the debtor’s children, post-nuptial agreements, the standing of an estranged spouse under §§ 523 and 727, §§ 523(a)(5) and (a)(15), equitable distribution awards and § 541, fraudulent conveyances and divorce decrees, and much, much more.

Recent changes to the Federal Rules of Evidence and their impact on bankruptcy proceedings, from 2004 examinations to contested matters to adversary proceedings, will be the subject of this discussion, along with the treatment of electronically stored evidence.

The impact of a bankruptcy filing on a consumer debtor’s tax liabilities requires a reconciling of hazy IRC provisions with Title 11. Topics will include the impact on the debtor’s discharge for late-filed income tax returns, 1099s ((A) and (C)), 26 U.S.C. § 108, tax liens and their treatment under the Code (§ 724), and the pros and cons of filing a “stub” year tax return.

Crossing the Digital Divide: How to Use Social Media to Augment Your Practice

This panel will cover recent developments in consumer cases at the bankruptcy and appellate levels.

In 2013, ABI launched a study of individual chapter 11 cases to determine why individual debtors choose chapter 11 and to evaluate the efficacy of individual chapter 11 cases. The study team has gathered data to identify systemic problems that increase the cost and decrease the utility of chapter 11 cases to individuals. The panel, which includes the study’s reporter, investigators and cochairs, will provide an overview of the study’s findings and recommendations.

This panel will address many of the thorniest ethical issues for consumer lawyers, including avoiding conflictof- interest issues as counsel in a failing case, counseling a client who will not take your advice, and counseling a mentally ill client.

Who Pays the Price for Health Care Insolvencies: the Consumer, the Vendors or the Public at Large?

This panel provides updates on the law and suggests the necessary tools for your consumer tax toolbox, in particular concepts of cancellation of indebtness, home mortgage modiifcations, issuance of 1099s by creditors, separate-entity treatment under IRC section 1398, priority of tax claims, nondischargeability of tax claims, and other thorny tax issues frequently facing consumer bankruptcy lawyers.