Consumer Bankruptcy

Many Unhappy Returns: Another Hanging Paragraph Creates a Trap for Consumer Bankruptcy Lawyers

When is a tax return not a tax return? Bankruptcy can be very useful when seeking to discharge personal income tax obligations, but if the return has not been filed on time, dischargeability may be in jeopardy. Many courts have addressed this issue and have issued widely divergent views, including the First Circuit’s strict interpretation of what constitutes a tax return as announced by the majority in In re Fahey.

$25.00
$25.00

A Collision Between Two Worlds: Estate Planning vs. Bankruptcy

This panel will explore the conflicts of law between estate planning and bankruptcy. Debtor’s counsel, beware: Life estate, remainder interest, trust or power of attorney may not be safe in bankruptcy. The panel will examine recent bankruptcy cases addressing the validity of estate-planning techniques designed to protect assets that then wreak havoc on pre-bankruptcy planning, timing and chapter selection and that can have significant implications on debtors and their nonfiling family members.

$25.00
$25.00

Real Estate Values Are Climbing (Again): Debtor, Watch Your Back!

This panel will explore legal trends relating to rising real estate values in consumer bankruptcy cases, including issues related to stay relief, lien-stripping, reaffirmation agreements, and what could happen post-discharge if a debtor fails to act in conformity with his Statement of Intention. This panel will also address the current state of mortgage modification mediation programs and the latest happenings with the CFPB.

$25.00
$25.00

How to Fit a Round Peg into a Triangular Hole: Too Much Debt for a 13, Too Much Income for a 7, and/or Too Many Assets for an 11

This panel will explore options for dealing with the difficult situations experienced by consumer debtors who on the surface fail to qualify for relief under chapter 7, have too much debt for relief under chapter 13 jurisdictional limits, and are unable to satisfy the absolute priority rule to qualify for an individual chapter 11 case.

$25.00
$25.00

Consumer Track: Student Loans: 40 Million Borrowers — Average Debt $29,000 — Total Debt $1.2 Trillion

This panel of experienced lawyers will discuss policy issues underlying student debt, current cases, fraud issues in workouts, and possible solutions to this important issue facing our nation.

$25.00
$25.00

Professional Responsibility of Counsel in Consumer Cases: It Isn’t Just Filling Out Forms

Efficient and effective preparation of petitions is a core competency for debtors’ lawyers. To that end, this panel will examine such issues as counsel’s duty to investigate a debtor’s financial affairs, best practices for doing so, appropriate use of staff, avoiding ECF misuse, and the consequences of failing to discharge these duties.

$25.00
$25.00

I Surrender: Getting Rid of Unwanted Encumbered Property in a Consumer Bankruptcy Case

A debtor’s real property is worth less than the debt it secures. Taxes, HOA fees, fines and liability for accidents can pile up on property that a debtor can’t afford and no longer wants. This panel will examine whether a debtor can get rid of the property and these problems in bankruptcy.

$25.00
$25.00

You Don’t Always Get What You Want, but if You Do It Right, You Might Get What You Deserve

Creditors seemingly rarely get paid in full in a bankruptcy, and without allowed claims, they can pretty much forget about getting anything at all. This panel will discuss the recent developments in claims litigation and strategies employed to maximize returns in bankruptcy cases for creditors (and possibly debtors).

$25.00
$25.00

Headaches, Relief and Other Remedies: Let’s Look in That Medicine Cabinet Again

This discussion will keep attendees informed about the most recent developments on the most powerful procedural remedy in bankruptcy: the automatic stay. Learn the latest strategies and nuances in the still-developing case law concerning the stay.

$25.00
$25.00

The Intersection of Bankruptcy and Divorce: When Worlds Collide

This panel will discuss various sections of the Bankruptcy Code as they impact or are impacted by divorce proceedings. The panel will discuss the § 101(14A) definition of “domestic support obligations,” the rights of a representative appointed for the debtor’s children, post-nuptial agreements, the standing of an estranged spouse under §§ 523 and 727, §§ 523(a)(5) and (a)(15), equitable distribution awards and § 541, fraudulent conveyances and divorce decrees, and much, much more.

$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.