2013

Beyond the basics, the panel will discuss topics of importance to the practitioner who is interested in revisiting some of the most common questions and issues in Chapter 7 practice, including: unusual titling of assets and related exemption issues – is it or isn’t it mom’s house; resolving matters before getting to the courthouse; how did that amended Schedule B and C to add a bank account result in an objection to the cat? Can the Trustee even do that?; and to round it all out, a little bit of ‘horseshoes, hand grenades, and….voluntary petitions? (also known as: how accurate is accurate-enough?)’

With the Supreme Court due to hear oral argument on a critical bankruptcy case on January 14, ABI has released the following free video preview of the upcoming High Court bankruptcy cases. This 75 minute program features ABI Resident Scholar Kara Bruce talking with noted appellate advocate and law professor Eric Brunstad (Dechert LLP; Hartford, Conn.). Eric has argued many cases before the Court and is an expert in bankruptcy appellate practice. He discusses in depth Law v. Siegel, which questions whether the court may use its general equitable authority under §105 of the Bankruptcy Code to surcharge a debtor's exempt assets, and Executive Benefits Insurance Agency v. Arkison (In re Bellingham), which will address the bankruptcy court's authority to adjudicate Article III matters. The latter case will be argued in January and represents another opportunity for the Court to clarify (or reverse) its holding in Stern v. Marshall. He also provides a candid view of what it is like to argue a case before the Court.

The Honorable Marci B. McIvor leads the discussion of current developments in Consumer Bankruptcy Cases. An essential program for anyone wanting to stay current in the development of the law in the 6th Circuit and beyond. Likely topics include the Supreme Court decision in Bullock v. BankChampaign; current developments in Social Security income in bankruptcy; and issues regarding liquidation and abandonment of assets in Chapter 7. This panel and the accompanying materials are always a hit with those attending, and this year’s program promises not to disappoint.

David Bergeron Center for American Progress; Washington, D.C.

The Consumer Financial Protection Bureau has promulgated pervasive and dramatic new requirements on servicers, effective Jan. 10, 2014, to provide detailed and accurate information regarding a borrower’s mortgage and options to avoid foreclosure. The rules amending both TILA and RESPA are filled with liability traps for the unwary, including several provisions that conflict with bankruptcy law. At a minimum, the rules will require servicers to implement significant new software, compliance training and procedures to limit legal exposure. Learn from insiders what you need to advise clients. Presented by ABI, TMA (Chesapeake), IWIRC (D.C./Maryland) and RMA (Potomac).