Consumer Bankruptcy

FDCPA/FCRA Class Actions: Strategies and Pitfalls

This session will provide an in-depth look at recognizing these types of claims and determining when and how to file the actions.

$25.00
$25.00

Complex Tax Issues

This session will present an in-depth analysis of the interplay among tax law, liquidation and bankruptcy. The panelists will examine some of the tax traps that exist for an individual when business obligations remain unpaid in a closure or bankruptcy, as well as how to use an insolvency defense to defeat phantom K-1 and 1099 income.

$25.00
$25.00

Interaction Between State and Bankruptcy Courts

This session will feature a discussion regarding the various bear traps and pitfalls of dealing with nonbankruptcy-related claims in the bankruptcy context. Issues will include how to avoid the bankruptcy court from dismissing your claim, the reasons that you would be estopped from challenging a claim, and when you should ask for relief to return to state court.

$25.00
$25.00

Everything You Always Wanted to Know About Foreclosures (but Were Too Busy to Ask)

This panel will present a detailed look at filing foreclosures, state law defenses and post-judgment foreclosure matters, and when to file bankruptcy in the process.

$25.00
$25.00

Turning the Page to the Next Chapter: Individual Chapter 11 Cases

This panel will review constitutional issues under § 1115 and the appointment of chapter 11 trustees, as well as debate whether conversion from chapter 7 to chapter 11 violates the 13th Amendment.

$25.00
$25.00

Chapter 13: Improving the Process

This panel will discuss means of improving the chapter 13 process, including how to reduce abuses and thereby accelerate chapter 13 cases, as well as the new Rule amendments going into effect Dec. 1, 2017, and will contrast plans under chapters 11 and 13.

$25.00
$25.00

Reaffirmation and Surrender: A Debtor’s Dilemma Demystified

This panel will discuss recent case law highlighting the fallout from failing to reaffirm, what “surrender” really means, and what you need to know when advising your client on the benefits and burdens of reaffirmation and surrender.

$25.00
$25.00

Disincorporation: Pre-Petition Planning Versus a Harbinger for Disaster

This panel will discuss the growing practice of the pre-petition transfer of business assets to insiders to allow for an individual filing, and the resulting issues for the debtor and its creditors. Is it fraud per se, or is it a creative way to get your individual client and their business assets into one case? Join us as we discuss this inspired, but precarious, practice.

$25.00
$25.00

A Perfect Storm: The Ethical Dilemma of Just Asking to Be Paid

Does an approved fee application shelter counsel from malpractice claims brought by the client? If it does, how do you advise your client about how the application and its approval affects a client’s future claim against you? Does asking for it to be paid pit you against your client and create an unavoidable conflict of interest? Get the tools to navigate these murky ethical considerations.

$25.00
$25.00

Stranger Things in Chapter 13

Balloon payments, assets acquired post-petition, student loan classifications and discharged debts related to criminal activity: Can these issues be navigated without throwing a debtor’s plan upside down? Catch up on strategic tips and considerations that will help you get your debtor to the other side of a chapter 13.

$25.00
$25.00
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ABI encourages participants to ask questions during sessions both live and on demand. If you have a question for a panelist during a session you should email the panelist your question and the panelist will respond to you promptly. Most panelists are ABI members, so you can access the panelist's email address in ABI's membership directory, or alternatively you can go to support.abi.org and ask your question there.