This panel focuses on the changing tides of chapters 7 and 13 due to recent legislation, including the CARES Act, Consolidated Appropriations Act, Bankruptcy Administration Improvement Act of 2020 and other nonbankruptcy legislation/policies that have an impact on bankruptcy filings. The panelists also take a peek at what is on the horizon for potential new legislation.
This panel addresses recent developments relating to the automatic stay, including City of Chicago v. Fulton and its aftermath, as well as discharge and post-discharge violations.
This panel discusses changes in the CARES Act and Consolidated Appropriations Act, as well as general housing issues.
State law and bankruptcy law intersect in any number of ways in any given bankruptcy case. This panel focuses on a few of the issues that arise in this context and discusses recent case law, as well as practice tips and strategy. More specifically, the panelists cover the abstention doctrine and how bankruptcy courts analyze various state law claims under that doctrine; the potential impact of a bankruptcy case on divorce proceedings, including automatic stay and discharge issues; and the limitations on pursuing state court claims, such as standing, collateral estoppel and third-party releases.
The Small Business Reorganization Act has been in force for over a year, and trustees, debtors, creditors and attorneys have spent the last year trying to work through what subchapter V means for them. This panel discusses the case law that has developed, as well as the benefits and constraints of subchapter V on debtors and creditors. The panelists, featuring a trustee, judge, and debtors’ and creditors’ attorneys, also discuss the implications of representing related entities and insiders, as well as navigating uncertainties in the new law.
Sponsored by Varnum LLPRecent legislation and judicial decisions have changed consumer bankruptcy practice substantially over the last year. This panel provides perspectives and analysis from the judiciary and debtors’ and creditors’ attorneys regarding the various legislative changes that have been enacted or proposed since early 2020, and explores the ever-changing landscape of bankruptcy practice today. The panelists also discuss the impact of recent Supreme Court and First Circuit decisions on consumer cases.
Consumer cases require quick, effective and efficient answers to complex legal issues. Bankruptcy cases are expected to surge as a result of the economic consequences wrought by COVID-19, creating a logjam in the bankruptcy courts that is expected to continue. Mediation is the relief valve, providing opportunities for consumer practitioners to minimize delay and resolve intractable problems. The panelists discuss the phases of mediation, applicable rules and statutes, cases most suitable for mediation, how to select a mediator, confidentiality and privilege issues, how to prepare both your client and your case, remote mediation, and best practices for achieving a favorable result.