2016, 2016 Hon. Steven W. Rhodes Detroit Consumer Bankruptcy Conference

Annual Case Law Update

This must-attend annual favorite will cover all recent current bankruptcy law decisions and consumer bankruptcy law issues.

$25.00
$25.00

Current Hot Topics in Chapter 7

This session will deal with a mixture of the most topical and unsettled issues in chapter 7 cases coming before the courts. What does a debtor do if the court denies a reaffirmation agreement but the debtor needs the car? If no reaffirmation agreement is signed, can a case be later reopened to permit a reaffirmation agreement at a creditor’s request? What are debtors’ attorneys’ responsibilities in counseling debtors about potential preferences and fraudulent transfers that they made to family members and friends?

$25.00
$25.00

Current Hot Topics in Chapter 13

This session will deal with a mixture of the most topical and unsettled issues in chapter 13 cases coming before the courts. What happens to the case if a debtor becomes deceased or incapacitated? Can a debtor force a creditor to accept a surrender of property? The panel will also cover explaining to a debtor what tax obligations will remain post-discharge, dealing with model plan provisions, modifications and conflicting plan provisions, and understanding the new chapter 13 forms for creditors.

$25.00
$25.00

Two Worlds Collide: Domestic Relations and Bankruptcy

Many individuals in bankruptcy are also involved in domestic-relations litigation. This panel will discuss the necessity for proper advice to potential clients about bankruptcy ramifications when filing for divorce and negotiating property settlements, and vice-versa. What obligations under a judgment of divorce or property settlement are nondischargeable? What claims under a judgment of divorce or property settlement can be exempted? What steps can be taken to enforce a judgment of divorce or property settlement after a bankruptcy petition is filed without violating the automatic stay?

$25.00
$25.00

Ongoing Problems in Identifying What Constitutes a Debtor’s Projected Disposable Income

Litigation over what constitutes projected disposable income continues unabated post-BAPCPA. Is Social Security income included? Is a nonfiling spouse’s income included? What about the income of a significant other who is a nondebtor? Can a debtor make voluntary retirement contributions, or are they considered part of projected disposable income? This panel will address some current tricky issues in this area.

$25.00
$25.00

Stop This Tax Foreclosure

Payment of property taxes remains a recurring problem for many homeowners. Frequently, they do not understand what taxes are required to be paid, what interest rates are being charged, and what the consequences of nonpayment are. What is the process for property tax foreclosure? How long is the redemption period? Is there a point when a chapter 13 case can no longer be effective in dealing with property taxes? What if the taxing authority enters into repayment plans during or after the redemption period?

$25.00
$25.00

What’s Wrong with This Claim?

Mortgage escrow accounts remain a mystery in many cases as debtors’ and creditors’ attorneys both struggle to understand the calculations set forth in them and the effect they have on chapter 13 cases. This panel will focus on escrow accounts, as well as new proof-of-claim forms and how they treat escrow accounts.

$25.00
$25.00

Causes of Action Owned by a Debtor

This panel will deal with the various issues that arise when a debtor owns a cause of action and the distinctions that occur depending on whether the debtor’s cause of action arose pre-petition, post-petition, post-confirmation, post-discharge or at any other time. How are pre-petition causes of action valued for purposes of confirming a plan? What happens if the debtor’s cause of action pays off during a chapter 13 case (who gets the money)? What obligations do debtors have to amend their schedules to deal with post-petition events that create causes of action?

$25.00
$25.00

When I Got Laid Off, I Applied for Unemployment Benefits: Was That a Mistake?

This session will focus on a very hot topic in consumer bankruptcy cases: debts owed by a debtor for overpayment of unemployment compensation. Learn about the automated process used by the State of Michigan Unemployment Insurance Agency. What can be discharged under § 523(a)(2)(A) and (a)(7)? What are the nondischargeability differences between chapters 7 and 13? Are the Agency’s procedures for contesting a determination of overpayments sufficient to create a collateral estoppel argument in a later bankruptcy case?

$25.00
$25.00

How Do I Get Paid for This Work?

This topic will focus on minefield issues for attorneys in chapter 13 who wish to get paid for their work pre- and post-confirmation. How does Harris v. Viegelahnapply? What happens if a chapter 13 case is converted after there is an outstanding fee award? What if a chapter 13 case is dismissed after an outstanding fee award? Can a debtor’s attorney preemptively contract to deal with Harris issues in the original retention agreement signed pre-petition?

$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.