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Problems, Problems, Problems in Consumer Cases 1

This special session will include from three to four problems/dilemmas in the context of consumer cases (not chapter-specific).

Court-Facilitated Loan Modifications: Here, There and Everywhere

This session will examine the new Eastern District of Michigan (Detroit) program, touch upon the Eastern District of Michigan (Flint/BC) program, and compare and discuss programs in other districts. Panelists will explain the substantive and procedural differences for trial modifications, permanent loan modifications and plan modifications.

Current Real Estate Issues in Chapter 7 Cases

This session will cover the valuing of real property and subsequent trustee sale, carve-outs on real estate claims of exemption, equitable vs. legal title to property, and § 363 sales of foreclosed homes during the redemption period, as well as a discussion on rental properties and who gets the rent.

Preclusion Issues in Consumer Cases

This session will include a discussion on the effect of prior state and federal court litigation, full faith and credit, res judicata, collateral estoppel, Rooker-Feldman and abstention.

Mock Hearing: “I Don’t Have to Tell You That” — Evidentiary Privileges in Bankruptcy

In a series of vignettes, two litigants will argue motions to compel before the bankruptcy court that are designed to explore the various types of evidentiary privileges that arise in bankruptcy practice — including attorney/client privilege, joint-defense/common interest privilege, Fifth Amendment and spousal privilege — and how such privileges may be inadvertently waived.

How to Do a Critical Review of Financial Statements and Tax Returns: What You Don’t Know Can Hurt Your Client

This panel will explain how to critically review tax returns and financial statements and address the issues and items a bankruptcy lawyer representing a debtor or creditor (both for consumer and business cases) should look for when reviewing financial statements and tax returns.