This panel conducted a mock oral argument at the conclusion of a confirmation hearing in an individual chapter 11 bankruptcy case. Issues unique to individuals who file chapter 11 are explored by counsel for the debtor and an objecting creditor, as well as by the three-judge panel.
This panel discusses the effects of recent decisions regarding the Puerto Rico homestead exemption in chapter 13 cases; chapter 13 debtors’ pre and post-petition causes of action, and the disclosure and determination of value of same; and the management of plan provisions, as well as objecting to and defending them.
This panel provides practical advice to attendees from the viewpoint of a chapter 7 trustee, an accountant and an attorney regarding completeness of schedules, how to properly prepare a debtor to face a chapter 7 trustee interrogation, and discussions on several administrative matters such as late-filed claims, asset-liquidation accounting and § 341 hearing continuances. The panel also covers recent chapter 7 case law developments.
Puerto Rico judges discuss attorneys’ fees in chapter 13 cases; summons, service of process, defaults and default judgments; the Puerto Rico homestead exemption law and recent decisions; and conducting evidentiary hearings (handling witnesses, documents and objections).
This panel focuses on the sale of discharged debts, the intersection between the Code and the FDCPA, the involvement of the CFPB in consumer cases, and more.
This panel focuses on recent trends in student loan dischargeability cases, including whether the Brunner standard should be revisited, and recent case law involving tax debts.
This panel focuses on recent Supreme Court decisions impacting the consumer world, the unbundling of attorney services, and attorney compensation issues. Supreme Court decisions discussed include Wellness, Harris v. Viegelahn, Bank of America v. Caulkett, Baker Botts and Oglethorpe.
This panel discusses new issues arising post-BAPCPA regarding § 524 and mortgage payments, disclosure of post-confirmation income and assets, revesting of estate property, post-petition changes to assets, and others.
Recent and Pending Legislation Regarding Student Loans and CFPB Regulations for Mortgage Servicing
Estate-planning efforts and divorce proceedings can result in trustees being able to reach property that had previously been considered beyond the reach of creditors. Be prepared to explore the intersections of these laws with an expert panel who addresses the impact of bankruptcy on estate plans, homestead exemptions, life estates, the sale of remainder interests and more.
A roundtable discussion.
Ten years ago, the consumer bankruptcy bar was facing an unknown world with the passage of BAPCPA. Areas of concern included the means test, the determination of “presumptions of abuse,” the definitions of “excess disposable income” and how it varied from “disposable income,” and the stringent limitations on the claims of exemptions by debtors. This panel examines the case law that has evolved and reviews how consumer bankruptcy cases are being administered in light of BAPCPA. Has the outcome been what the drafters intended it to be, or is consumer bankruptcy practice essentially the same 10 years later?