Consumer Bankruptcy

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

Discovery: It’s a Whole New Ballgame

Recent changes to the Federal Rules of Evidence and their impact on bankruptcy proceedings, from 2004 examinations to contested matters to adversary proceedings, will be the subject of this discussion, along with the treatment of electronically stored evidence.

$25.00
$25.00

Death and Taxes

The impact of a bankruptcy filing on a consumer debtor’s tax liabilities requires a reconciling of hazy IRC provisions with Title 11. Topics will include the impact on the debtor’s discharge for late-filed income tax returns, 1099s ((A) and (C)), 26 U.S.C. § 108, tax liens and their treatment under the Code (§ 724), and the pros and cons of filing a “stub” year tax return.

$25.00
$25.00

Individual Chapter 11 Cases: The Good, The Bad and The Ugly

This panel will be involved in an advanced discussion of the problems and opportunities that can arise in an individual chapter 11 case. The panel will discuss issues involving post-petition earnings, including voluntary assignments of future wages, and the effect of conversion to a chapter 7 proceeding; the “disposable income test”; §§ 1129(a)(15), 1129(b)(2)(B)(ii) and 1115(b); and the “absolute priority rule,” among other topics.

$25.00
$25.00

From Conception Through Birth and Now an Adolescent: Views from Those Who Saw It All

Our panel was there at the beginning with the National Bankruptcy Review Commission (Brady Williamson Chair) through the drafting of the law, its passage and, of course, the implementation of the final product in 2005. The panel will discuss the history of the process, what might have been intended by the proponents, and what unintended consequences were created in the process. We expect a lively discussion of this seminal law and the implications for future reform.

$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.