This panel reviews constitutional issues under § 1115 and the appointment of chapter 11 trustees, as well as debates whether conversion from chapter 7 to chapter 11 violates the 13th Amendment.
This panel discusses means of improving the chapter 13 process, including how to reduce abuses and thereby accelerate chapter 13 cases, as well as the new Rule amendments going into effect Dec. 1, 2017, and contrasts plans under chapters 11 and 13.
This panel discusses issues inherent when a client files multiple bankruptcies, including dismissal, discharge, automatic stay, lien-stripping, chapter 20, married debtors, co-debtors and more.
This panel surveys how districts around the region are addressing the implementation of the National Form Plan and/or the adoption of an Opt-Out Plan, and discusses procedures for approving the opt-out plan, new rules, potential challenges and software issues.
This session discusses to whom a debtor surrenders his residence, and whether a surrender prohibits the debtor from opposing a state court foreclosure action. The recent case of In re Failia (11th Cir.) sheds light on these questions.
The panel discusses the amended mortgage servicing requirements under Regulations X and Z related to successors in interest of deceased borrowers, the definition of delinquency, force-placed insurance, early intervention, loss-mitigation, foreclosure, crediting of payments, and loan statements, including the specific changes affecting borrowers in bankruptcy.
This panel discusses the growing practice of the pre-petition transfer of business assets to insiders to allow for an individual filing, and the resulting issues for the debtor and its creditors. Is it fraud per se, or is it a creative way to get your individual client and their business assets into one case? We discuss this inspired, but precarious, practice.
Does an approved fee application shelter counsel from malpractice claims brought by the client? If it does, how do you advise your client about how the application and its approval affects a client’s future claim against you? Does asking for it to be paid pit you against your client and create an unavoidable conflict of interest? Get the tools to navigate these murky ethical considerations.
Balloon payments, assets acquired post-petition, student loan classifications and discharged debts related to criminal activity: Can these issues be navigated without throwing a debtor’s plan upside down? Catch up on strategic tips and considerations that will help you get your debtor to the other side of a chapter 13.
This panel discusses recent case law highlighting the fallout from failing to reaffirm, what “surrender” really means, and what you need to know when advising your client on the benefits and burdens of reaffirmation and surrender.