2019

The most popular session each year, this annual favorite will cover all recent bankruptcy law decisions and current consumer bankruptcy law issues. This session is a must-attend for professionals to stay current on consumer bankruptcy law issues.

This interactive session will feature fact patterns and scenarios designed to engage the audience with real-world issues that illustrate ethical problems faced by bankruptcy professionals. The session will focus on identifying and resolving these issues before you find yourself in hot water. [Note: Please pardon the audio quality as there was a glitch in the recording process.]

Recovering estate property isn’t always as straightforward as directing the debtor to turn over property. This session will focus on situations where a nonbankrupt party (receiver, agent, court officer or assignee) has possession of property of the debtor/estate. How does the Bankruptcy Code define a “custodian," and what rights and responsibilities do custodians have? What rights do the debtor and trustee have? Can the custodian maintain possession of the property, and under what circumstances? Are custodians entitled to any fees/costs, statutory or otherwise, for maintaining possession of the property? Do creditors have to assist in getting the property back from the custodian? If the custodian gives up possession of the property, does it go to the debtor or the trustee?

Michigan residents have the option of choosing either the state or federal exemptions, but the choice sometimes requires careful consideration. What are the differences between the state and federal exemptions? How do they impact the debtor? How do you determine which set of exemptions is the best option for your client? After a selection has been made, can you change your mind? How late is too late to amend exemptions? What are the best practices for handling objections to exemptions? How do you value property in rising markets? How does Law v. Siegel and its progeny affect your ethical obligations in advising clients about exemptions?

Most individual chapter 7s proceed seamlessly from petition to discharge, but an effective practitioner must be able to identify and manage those difficult cases where obstacles to discharge abound. How do you identify chapter 7s with potential problems (debtors with businesses, searching public records for assets and transfers, requesting and reviewing documents in advance of filing, effective communication, etc.)? The session will also discuss how to manage chapter 7s that go sideways (staying on top of trustee document-production requests, 2004 exams, objections to discharge, and negotiating effectively with the trustee), how to get paid (supplemental 2016(b) statements, new retainers and retention agreements, what’s covered by the original retainer agreement), and when and how to get out (declining to file messy cases to avoid consequences for you (malpractice) or your client), as well as withdrawing for lack of post-petition payment for new work or client cooperation.

This session will draw upon the immense popularity of the annual Case Law Update session, focusing on a handful of important bankruptcy cases that are sure to affect your consumer practice.

This session will focus on pending legislation that may affect your practice, and on ABI’s latest recommendations regarding personal bankruptcies. What are the latest developments and strategies to address student loans? Is a legislative fix for the student loan crisis really in the works (H.R. 2366)? What would the small business bankruptcy bill do, and where does it stand? Will veterans' benefits become exempt from means testing? The session will also cover other notable legislative actions, as well as the key takeaways from the Final Report of the ABI Commission on Consumer Bankruptcy.

This session will focus on the interplay between bankruptcy law and state law. How is a bankruptcy case impacted? How is a state court matter impacted? How do you handle matters that involve other areas of the law? How does a divorce, probate or condo issue affect the bankruptcy case? How and when do you retain nonbankruptcy professionals to assist with state law matters? How do you address pre-petition or post-petition Code violations from a municipality? If the potential client (pre-filing) becomes incapacitated, can that incapacitated individual file bankruptcy? If the debtor is unable to testify at his or her § 341 meeting, can someone else testify for them? When can budget and credit counseling and personal financial management courses be excused?