This panel will explore common (and uncommon) examples of UCC liens in consumer cases. The panelists will discuss goods covered by Article 9, perfection issues, valuations and chapter 7 redemption issues, and will highlight key cases that are shaping the UCC landscape.

CommitteesThe Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) was implemented on Oct. 17, 2005. This panel of experts will provide their perspectives on the impacts of the law on consumer and business bankruptcies in the 20 years since the law went into effect. John Penn of Perkins Coie (Dallas), who served as ABI's president when BAPCPA became law, will be joined by two former bankruptcy judges who were on the bench at the time of the law's implementation to discuss the developments brought about by BAPCPA, and to share their views on potential bankruptcy law reforms moving forward.

Quick Take Although a suit for punitive damages resembles a claim for which there would be a jury under common law, Pennsylvania’s Judge Mayer decided that the enactment of Section 362(k) gave rise to the public rights exception allowing bankruptcy courts to award damages without a jury.

Quick Take Delaware’s Bankruptcy Judge Horan gives examples of preference complaints that adequately plead performance of due diligence.

Quick Take North Carolina’s Judge McAfee distinguishes between sales of personal assets and sales of investment assets in deciding whether proceeds are derived from ‘income’ and must be included in the current monthly income analysis.

Quick Take Bankruptcy Judge Jeffery Deller of Pittsburgh defines impermissible discrimination among unsecured creditors in a chapter 13 plan.