2013

Lender vs. Lender: Let’s Get Ready to Rumble

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A session designed for new(er) attorneys or those looking to brush up on the basics of a Chapter 13. The esteemed panel will discuss the Chapter 13 process from inception to discharge (or as much as they can get done in an hour). Topics will include: Initial consultation issues; Confirmation of the plan, including, how to prepare the plan and how to address objections to confirmation; Loan modifications, including how to properly request one and how to deal with an approved/denied modification; Post-confirmation plan modifications—what you can, should, and can’t do; What’s next when the Debtor passes away; and Getting to the finish line (discharge). View Materials

"How to Hire the Right Financial Advisors" will provide attendees with an overview and basic understanding of the different types of financial advisors that may be relevant for in- and out-of-court cases. Our experienced panel will provide an informative discussion about matching the right type of financial advisor with the specific needs of each case, drawing upon both empirical examples and their own personal experiences. This is a perfect session for junior attorneys and/or attorneys with more limited experience in the bankruptcy environment. Topics include: • The different types of financial advisors available; • The benefits and limitations for each category of advisor; and • How to select the right advisor for the job.

This panel will address a multitude of issues relating to the attorney client privilege that can arise in a bankruptcy case. These include: a general review of the privilege and client confidentiality; whether the privilege applies to the disclosures that a debtor makes to his or her attorney, or to the attorney's advice to the debtor, in the course of preparing the schedules; the case law on whether the trustee can control the privilege after a bankruptcy is filed, for example, in obtaining information from the debtor's pre-petition personal injury attorney; whether the privilege applies in a hearing under § 329; whether the privilege applies to disclosures required in an attorney fee application or to disclosures requested by the court in a hearing on an application; and the scope of the crime-fraud exception to the privilege in Michigan, and when that exception might apply in apply in bankruptcy cases.

Administrative Order No. 12-05 requires all Chapter 13 cases filed in the Eastern District of Michigan to use the new Model Plan 3.0. Panelists will discuss the challenges presented by the new form Plan, common alterations and strategies for Plan proponents, and observations from the office of the Chapter 13 Trustee following nearly a year of administering the new Plan.

Panelists will cover the proper disclosure of assets in a Chapter 7 proceeding held pre-petition as well as assets obtained post-petition and after confirmation of a Chapter 13 plan, including the debtor’s continuing duty and the timing of required disclosures. Properly advise your client when there has been a change of income, receipt of inheritance, life insurance, lawsuit proceeds, or a national mortgage settlement. Gain knowledge of the implications for making or failing to make the disclosures of the debtor’s assets.

Who, What, Where, When and Why to use mediation. Come listen and learn from those of us who have used our unique Mediation system effectively and in situations you may not think are possible. Our expert panel includes mediators and experienced colleagues who have used our mediation process to resolve disputes in our Court. They will explain how the process works, what actually happens during the process and how to successfully resolve disputes without trial.