Consumer

Domestic-support obligations, the impact of the automatic stay in domestic-relations cases, discharge litigation in chapter 13s, the retention of domestic-relations counsel in bankruptcy, same-sex spouses in bankruptcy cases in states where same-sex marriage is not recognized, and other “cheerful issues” frequently confronted in cases that involve both financial distress and domestic problems. This panel will provide an update on these and other important legal topics in this dark area of bankruptcy law.

Enjoy a breakfast discussion with the judges of the Southeast Bankruptcy Workshop.

This presentation will discuss ethical issues relating to representing debtors who have engaged in “aggressive” asset protection/exemption planning, the problem with using involuntary bankruptcies to resolve corporate disputes, issues on representing involuntary debtors, and what to do about clients who lie under oath or knowingly fail to turn over discovery.

Find out the latest about the cases that keep you up at night.

This panel will examine and discuss the rights of oversecured lenders to obtain recoveries that go beyond principal and ordinary interest and recent case law dealing. The panel will focus on the right of oversecured lenders to recover late fees, reimbursement of attorneys’ fees, make-whole provisions/pre-payment premiums, original issue discounts and default interest.

This panel, which includes a bankruptcy judge, experienced litigators, and an expert witness, will explore through a mock trial various evidentiary issues that routinely arise in trials in bankruptcy court.

This panel will provide updates on the law and suggest the necessary tools for your consumer tax toolbox, in particular chapter 7 vs. chapter 13, what happens to IRS claims after discharge, offers in compromise, when creditors can send a 1099, whether a debtor can ask a creditor not to send 1099 as part of a settlement; and other thorny tax issues frequently facing consumer bankruptcy lawyers.

Commission Recommendations on Resolving Court Splits: Coming Soon to a Judicial Opinion Near You ABI's Commission to Study the Reform of Chapter 11 identified more than 30 splits in case law on important issues. Such a split of authority results in delay, increased litigation costs and above all, uncertainty -- imposing a kind of "ambiguity tax" on the system, as one witness put it in testimony before the Commission. The recommendations contained in the Commission's final report, in many cases, can be implemented by judicial opinion at the bankruptcy court or court of appeals level, without need for action by Congress. This program featuring some of the most experienced and thoughtful judges on the bench today, will assess the Commission recommendations, and identify some that might be effected soon.

NO CLE Credit Available - Free Session. Join in a dialogue led by former ABI Presidents: Richardo I. Kilpatrick Kilpatrick & Associates, PC; Auburn Hills, Mich. Melissa Kibler Knoll Mesirow Financial Consulting, LLC; Chicago Michael P. Richman Hunton & Williams LLP; New York

This panel of Chapter 9 specialists will discuss the Chapter 9 bankruptcy process including eligibility under Chapter 9, the authority of the bankruptcy court, powers of the municipal debtor, the role of creditors, the automatic stay, issues peculiar to certain types of Chapter 9 debtors such as hospitals and cities and the recent developments in chapter 9.