Consumer Bankruptcy

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

What’s Your Favorite? Supreme Court Decisions that Will Impact (and Already Have Impacted) Bankruptcy Practice

A panel of judges, academics and Supreme Court practitioners will lead a discussion regarding the 2016-17 Supreme Court decisions of note for insolvency practitioners, as well as the high court’s most impactful, interesting or problematic decisions on bankruptcy practice to date. Amendments to Rule 37(e) (in effect since December 2015), as well as courts’ and litigants’ experiences with amended Rule 37(e), will also be discussed.

$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

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

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

National Form Plan and New Rules

This panel will survey how districts around the region are addressing the implementation of the National Form Plan and/or the adoption of an Opt-Out Plan, and will discuss procedures for approving the opt-out plan, new rules, potential challenges and software issues.

$25.00
$25.00

Can Debtors Have Their Cake and Eat It Too Under § 521?

This session discusses to whom a debtor surrenders his residence, and whether a surrender prohibits the debtor from opposing a state court foreclosure action. The recent case of In re Failia (11th Cir.) sheds light on these questions.

$25.00
$25.00

CFPB’s Amended Mortgage Servicing Regulations and Their Effects on Bankruptcy

Back-to-Back Bankruptcies

This panel will discuss issues inherent when a client files multiple bankruptcies, including dismissal, discharge, automatic stay, lien-stripping, chapter 20, married debtors, co-debtors and more.

$25.00
$25.00

Case Law Update: Business and Consumer Law Developments

This panel will present a lively discussion of key issues decided in business and consumer bankruptcy cases throughout the country over the past year.

$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.