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2022

Post-Petition Issues in Consumer Cases: Life Goes On

Debtors’ lives don’t stop once a chapter 13 is filed. Jobs could be changed or lost, property can be sold and inherited, and debtors can become injured and can sue. Debtor's counsel has to know how to “roll with the punches” and still achieve the best outcome for their client. This panel will discuss the impact of foreseen and unforeseen events in a chapter 13 case. Who gets the benefit of equity in a debtor’s home if it is sold and has appreciated since filing? What if the case converts to chapter 7? What assets are included in the chapter 7 estate upon conversion? Does a debtor have a duty to disclose a post-petition asset such as a cause of action or inheritance? How does debtor’s counsel get paid to deal with all of these issues? Is a chapter 13 trustee entitled to be paid if a case is dismissed before confirmation? What are the requirements to modify what is paid in a chapter 13 plan?
1 hour 17 minutes 36 seconds

The Neuroscience of Addiction and Updates on Addiction Treatments

The workshop will review the biology behind the rewarding properties of drugs of abuse, how the brain changes in response to repeated drug use, thereby becoming 'addicted', the role of genetics in addiction, and the important role of stress in maintaining addiction. The presentation will conclude with a summary of addiction treatments, including cutting-edge research on a surprising new treatment approach.
1 hour 25 minutes 14 seconds

Advanced Fraudulent Transfers: A Baker’s Dozen of Helpful Tips and Insights

We all deal with fraudulent transfers, but sometimes issues that don’t come up in routine fraudulent-transfer cases might get overlooked. Do insurance policies cover fraudulent-transfer claims? Can a group of fraudulent-transfer plaintiffs assert a class action against a defendant? In terms of an actual fraud fraudulent transfer, what if a defendant has a mixed intent, part of which is impermissible and part of which is permissible? When can a fraudulent-transfer defendant use the “identity of interest” and “common enterprise” defenses? How can unjust enrichment be used as an alternative to a fraudulent transfer? How do the events of the past three years impact valuations, solvency opinions and fairness opinions prepared during that time and today? This panel will provide answers to and perspectives on these questions and more.
1 hour 11 minutes 8 seconds

When Your Hair Has More Silver than Your Pocket: Bankruptcy Issues Involving the Elderly

This panel will discuss issues affecting the elderly in bankruptcy cases, including attorney misconduct, scams and identify theft, childrens’ mishandling of parents’ assets, wills, trusts, life estates and judgments, and reverse mortgages.
1 hour 13 minutes 38 seconds