This panel addresses various ethical and substantive issues that can arise when representing consumer debtors.
This year’s hot topics include two cases currently pending before the U.S. Supreme Court: the Caulkett decision concerning lien-stripping on primary residences in chapter 7 cases, and the Harris case regarding distribution of funds held by a chapter 13 trustee upon conversion to chapter 7. The panel discusses a new Ninth Circuit BAP decision, one of only two in the country, concerning the dischargeability of certain student debts to for-profit institutions, as well as an emerging trend of using the Eleventh Circuit Crawford decision and the FDCPA to challenge “stale” proofs of claim for student debt. The presentation addresses lenders refusing to retake abandoned collateral, as well as conflicting results from disposable-income tests, and other issues that are of interest to those representing parties in consumer cases.
Judicial DebateResolved: The “disinterestedness” requirement should be strictly enforced under § 327 (no waivers or ethical walls).Business DebateResolved: Acceleration of a debt obligation under a credit agreement should act to prevent the lender from enforcing a prepayment premium.Consumer DebateResolved: Attorneys should be permitted to unbundle services under an engagement agreement with a consumer debtor.
This panel discusses practical considerations in addressing wholly unsecured junior mortgages, determining the amount of senior mortgages, timing of valuations and the burden of proof.
Student loan debt has created a significant and growing national economic crisis. This panel explores dischargeability issues and also discusses how student loan debt affects all of us – even those without student loans to pay off.
This panel focuses on the possible consequences of ASARCO, Wellness, and Bank of America v. Caulkett.
Domestic-support obligations, the impact of the automatic stay in domestic-relations cases, discharge litigation in chapter 13s, the retention of domestic-relations counsel in bankruptcy, same-sex spouses in bankruptcy cases in states where same-sex marriage is not recognized, and other “cheerful issues” frequently confronted in cases that involve both financial distress and domestic problems. This panel provides an update on these and other important legal topics in this dark area of bankruptcy law.
Find out the latest about the cases that keep you up at night.
This two-part panel covers a potpourri of current hot topics being litigated in chapter 7 and 13 cases, with a special focus on LVNV v. Crawford and related litigation, consumer protection (including the basics of credit reporting and regulatory actions), mortgage modifications and post-discharge actions, and the UST’s enforcement activities.
This panel provides updates on the law and suggests the necessary tools for your consumer tax toolbox, in particular chapter 7 vs. chapter 13, what happens to IRS claims after discharge, offers in compromise, when creditors can send a 1099, whether a debtor can ask a creditor not to send 1099 as part of a settlement, and other thorny tax issues frequently facing consumer bankruptcy lawyers.