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Home Sweet Home: Residential Issues in Bankruptcy Cases Including Robo-signing, Mortgage Fraud, Standing and Relief from Stay

Impact of Bankruptcy on the Respective Rights of Husbands and Wives and Significant Others

Means Test: Chapter 7 and Chapter 13 Form B22 Analysis This panel will discuss recent developments in means test issues, including what constitutes current monthly income, defining household size, secured payments on collateral to be surrendered, and disposable monthly income and applicable commitment period for chapter 13 debtors.

Let's Make It Clear: Federal Rules of Bankruptcy Procedure 3001 and 3002 and Lien-stripping in a Distressed Real Estate Market On Dec. 1, 2011, Federal Bankruptcy Rules of Bankruptcy Procedure 3001 and 3002 were amended to provide increased transparency in proofs of claim and costs assessed during chapter 13 cases. This panel will focus on the effects of these changes on debtors, secured lenders and chapter 13 trustees. We will also review recent lien-stripping litigation, including the latest “chapter 20” case developments.

This panel will discuss domestic support obligation (DSO) and alimony/property settlement dischargability issues. When does the automatic stay apply and not apply? Should a bankruptcy be considered before, during or after the divorce? What about exemptions? In addition, the panel will discuss the threshold amount that a trustee is likely to pursue, as well as locating real estate assets and checklists for managing a real estate asset. The panel will also examine procrastination as the greatest enemy of a chapter 7 trustee, and pushing an asset liquidation to closing as quickly as possible.