PANEL MATERIALS ARE AVAILABLE HERE. This panel delves into emerging issues in bankruptcy cases, offering perspectives from practitioners, chapter 13 trustees and the bench. The panelists focus on post-confirmation appreciation in asset values, such as who gets the appreciation if the house sells during the chapter 13 or if the case converts to chapter 7; early plan payouts, evaluating final payments before the end of the commitment period, hardship discharges and creative plan modifications; no-look and bifurcated fees; and end-of-case mortgage issue solutions.
ABI Editor-at-Large Bill Rochelle, author of Rochelle’s Daily Wire, leads a discussion with a panel of judges regarding recent significant cases involving subchapter V case law, simultaneous representation, and the need for financial distress before filing.
This panel of bankruptcy powerhouses tackles complex chapter 13 bankruptcy issues, preparing practitioners to face the impact of personal-injury claims, such as pre-petition RoundUp and Mesh claim payments made post-petition; adversary and contested-matter timing issues (pre-plan confirmation, or just before discharge); and computing the best-interest dividend by adding up all possible recoveries vs. only realistic ones, and whether the debtor or trustee should pursue the actual recovery for the estate.
This panel discusses the SCOTUS opinion in Purdue and other seminal cases of the year.
This panel discusses current ethical issues confronting attorneys who practice predominantly in the consumer bankruptcy arena, including attorney compensation and fees, potential conflicts of interest, limited representation/engagements, and counsel’s duty to investigate/"reasonable inquiry."
This panel provides guidance and shortcuts on finding, recalling and complying with a variety of bankruptcy rules that are easily overlooked or misunderstood. What critical deadlines must you know? When can you not get an extension of time? Under what circumstances can you limit notice or service?
This panel examines a host of real estate issues, including the intersection of reverse mortgages and bankruptcy, and the rights of heirs when a borrower files for bankruptcy; the distribution of equity in post-petition real estate sales, and how to determine who is entitled to the proceeds; whether, since Toth, the prime rate is the best measure of risk when applying the Till rate for total debt claims in bankruptcy; the classification of conduit payments, and whether direct mortgage payments should be considered part of bankruptcy plan payments; and effective strategies for addressing and resolving mortgage issues to guarantee that debtors achieve a fresh start post-bankruptcy.
This panel introduces attendees to subchapter V of chapter 11, and its streamlined process for small business reorganizations. The panelists cover the expectations, roles and responsibilities of the key participants in the subchapter V case, including the bankruptcy judge, debtors, creditors, the U.S. Trustee and the subchapter V trustee. The panelists also compare and contrast subchapter V with a regular chapter 11 case in such key areas as eligibility of the debtor for subchapter V, first-day motions, cash-collateral usage, adequate protection, the role of the subchapter V trustee, plan formulation, consensual vs. cramdown plans, and the reorganized debtor’s responsibilities post-confirmation.
This panel explores the basics of credit reporting, what to do when errors occur, and how to obtain a potential resolution. As part of this dialogue, the panelists discuss relevant aspects of the Fair Credit Reporting Act and Fair Debt Collection Practices Act, the discharge injunction, and jurisdictional issues that may impact litigation of these disputes.
This panel helps you analyze the strategic twists and turns of taking bankruptcy appeals. When can you appeal? When should you? And if you have a choice of appellate courts (district court, BAP, court of appeals), how do you decide which to select? The panelists share from their collective experience on both sides of the bench, including best practices — and perhaps a horror story or two.
This panel discusses how to develop litigation skills in the production, limitation and introduction of testimonial and documentary evidence. The panelists cover strategies for both introducing evidence and dealing with objections to or limitations on an opponent’s evidence.