2023

Responding to complaints in federal court is a critical aspect of the U.S. legal system. This session will explore the various elements involved in crafting a comprehensive response to a complaint filed in federal court. The panelists will provide an in-depth analysis of the process, strategies and considerations for defendants when addressing allegations brought against them. By examining the Federal Rules of Civil Procedure, case law and best practices, this session will help equip legal practitioners and individuals with a thorough understanding of the response phase in federal court litigation.

This panel will focus on post-petition accrual of equity in real estate, the recent Supreme Court decision regarding tax violations, preferences, whether direct mortgage payments are considered “payments under the plan.”

Subchapter V arrived in 2020, offering qualifying individuals a restructuring alternative to standard chapter 11 and chapter 13. So what are consumer bankruptcy lawyers so afraid of?! This panel will review the differences between chapter 13 and subchapter V by looking at eligibility and reporting requirements, estate administration, and the nuanced differences of plan confirmation and discharge in each chapter. The panelists also will compare and contrast chapter 13 and subchapter V trustees, and will use several hypotheticals to highlight how a debtor’s particular circumstances will ultimately determine the choice between a 13 or a V.

The panelists will explore practice pointers professionals should consider when evaluating an individual’s case and assets at the pre-filing and post-filing stages, particularly if there is an inquiry from the case trustee and/or the Office of the U.S. Trustee, and the trial stage if litigation is instituted regarding an asset's value. Participants will learn about typical practice pitfalls when a debtor fails to adequately disclose and value certain assets.

Because of its amorphous nature; making the case for diversity, equity, inclusion and belonging (DEI&B) is sometimes a difficult one — especially in the context of consumer bankruptcy. While larger law firms and corporations have begun to embrace and incorporate DEI&B initiatives, the influence of DEI&B is far more elusive in the consumer bankruptcy context. This panel will discuss the challenges faced by smaller consumer firms regarding DEI&B and, by explaining the “what, why and how” for DEI&B, will propose possible solutions for creating a more inclusive environment.