This annual favorite covers all of the recent consumer bankruptcy law decisions, hot topics and new cases from the circuit level on down through the district courts and bankruptcy courts, concentrating on the Sixth Circuit and the Eastern and Western Districts of Michigan. The session also includes cases of interest from other circuits and district courts.
This annual favorite covers all of the recent consumer bankruptcy law decisions, hot topics and new cases from the circuit level on down through the district courts and bankruptcy courts, concentrating on the Sixth Circuit and the Eastern and Western Districts of Michigan. The session also includes any cases of interest from others circuits and district courts.
This session discusses student loan issues that arise both pre- and post-petition. Among the pre-petition issues are collection actions against borrowers, nonbankruptcy alternatives for borrowers, and legislative updates. Among the post-petition issues are the elements of nondischargeability under § 523(a)(8), classification of student loans in chapter 13 cases, preference actions to recover pre-petition payments on student debt and more.
This session covers chapter 13 claims issues, both from the creditor’s point of view (“What happens if I don’t file my claim by the bar date?”) and from the debtor’s point of view (“Can I file a protective claim?”), along with emerging claims issues regarding priority tax claims and nondischargeable post-discharge interest.
Graduates and individuals who attended college or trade school are struggling with their student loan debt. This panel explores the current trends in student loan litigation in bankruptcy, as well as administrative options for restructuring and settling student loan debt.
There is a reason attorneys choose the practice of bankruptcy; one of them is that they would rather not handle a divorce case even with a 10-foot pole. Unfortunately, there are grave consequences if you are unclear as to how the Bankruptcy Code and a divorce may interact. This panel guides you through the minefield of potential issues, thereby preventing your client’s divorce from blowing up your case.
An exploration of the issues, tensions and competing demands that frequently arise in connection with the representation of both consumers and small businesses as debtors where circumstances do not allow lawyers to be paid a full fee to represent the debtor with respect to all aspects of their bankruptcy case. Among other matters, the panel considers issues relating to access to the bankruptcy system and the legal fees that the consumer/business can afford and the market will support. The panel also discusses various pertinent Rules of Professional Conduct, including RPCs 1.1 (competency), 1.2 (scope of representation), 1.3 (diligence), 1.4 (communication), 1.5 (fees), 1.6 (confidentiality), 1.8(f), 3.3 and 8.4, as well as pertinent case law and the White Paper produced by the ABI’s National Ethics Task Force on limited services representation in consumer bankruptcy cases.
This session discusses recent bankruptcy cases from the Supreme Court and the Eighth and Tenth Circuits from the point of view of three bankruptcy appellate panel judges.