Consumer Bankruptcy

Creditors’ Rights and Fights — A Walk in the Shoes of Creditors’ Counsel

Our expert faculty will pull back the curtain on representing creditors and will examine current issues facing mortgage and automobile creditors. Topics will include updates on the mortgage and automobile loan servicing industry, new proofs-of-claim rules and forms, servicing standards, statutes of limitations, and compliance issues.

$25.00
$25.00

Fashionable Trends in Consumer Fraud

$25.00
$25.00

Keeping that Simple No-Asset Case a No-Asset Case: Recent Areas of Chapter 7 Trustee Activity

Debtors and their counsel want a smooth, quick chapter 7 experience and discharge: a simple no-asset case that will proceed promptly through a short, uneventful first meeting of creditors, to discharge and case closing in a matter of a few months. The chapter 7 trustee stands in the way, though, as he/she looks for discharges to deny and assets to pay creditors.

$25.00
$25.00

The Ethics Trifecta: How to Avoid Sanctionable Lawyer Behavior, Crossing the Line in Pre-Petition Planning, and Dangerous Conflicts of Interest

Join us as we explore three complicated areas of ethics that all attorneys should be wary of. First, we will discuss examples of sanctionable lawyer behavior and when that behavior can result in a law firm being sanctioned. Second, some pre-petition planning is necessary, obvious and required in order to advance your clients’ interests, but some planning can cross the line between permissible advocacy and fraud. How do you know where the line is so that you can represent your client to the best of your abilities and avoid trouble?

$25.00
$25.00

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
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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.