Consumer Bankruptcy

Debtors’ lives don’t stop once a chapter 13 is filed. Jobs could be changed or lost, property can be sold and inherited, and debtors can become injured and can sue. Debtor's counsel has to know how to “roll with the punches” and still achieve the best outcome for their client. This panel will discuss the impact of foreseen and unforeseen events in a chapter 13 case. Who gets the benefit of equity in a debtor’s home if it is sold and has appreciated since filing? What if the case converts to chapter 7? What assets are included in the chapter 7 estate upon conversion? Does a debtor have a duty to disclose a post-petition asset such as a cause of action or inheritance? How does debtor’s counsel get paid to deal with all of these issues? Is a chapter 13 trustee entitled to be paid if a case is dismissed before confirmation? What are the requirements to modify what is paid in a chapter 13 plan?

This panel will discuss issues affecting the elderly in bankruptcy cases, including attorney misconduct, scams and identify theft, childrens’ mishandling of parents’ assets, wills, trusts, life estates and judgments, and reverse mortgages.

Consumer lawyers on behalf of both debtors and creditors deal with myriad ethical issues to ensure effective and economical representation of their clients. This panel will explore the implications of representing individuals, small businesses, insiders and creditors, including what to do when your client becomes your creditor (how far can you go to get paid?) and how to avoid breaching the attorney/client privilege (just who do or can you talk to?). In a small business, the owner often considers counsel to be representing “her” interest. How does counsel for a business deal with this issue under the ethical rules and the Bankruptcy Code? For the creditor, what are the implications of potential conflicts by counsel to the debtor? Can the creditor reach out to a principal of the corporate debtor directly on their guarantee without violating the Rules of Professional Conduct? What are the ethical limits of “unbundling services” to make it more affordable for the client, whether you represent a debtor or a creditor? This panel will explore ways to accomplish your client’s goals, as well as the ethical boundaries of representation under those scenarios.

A trial is fraught with opportunities for lawyers on both sides to make mistakes. By using hypotheticals infused with current and common issues, this panel will provide useful tips for successful examination and cross-examination, preparation for common motion practice, and laying a proper foundation for submission of evidence.

The petition is filed. At the § 341 meeting, the trustee asks the debtor whether there have been any personal-injury actions, whether the debtor has the right to sue someone, and whether the debtor inherited any assets 180 days prior to the petition date or within 180 days after the petition date. However, debtor clients often intentionally or inadvertently fail to disclose an asset. This panel will explore best practices for dealing with these and other post-filing litigation pitfalls, and for handling cases where there are undisclosed or undiscovered assets.

This program considers the life cycle of a small business reorganization. Beginning 30 days before the debtor files its petition, continuing through the 90-day plan filing deadline, and hurtling toward confirmation, the panel discusses pre-bankruptcy planning and negotiation, debates eligibility and case management issues, considers best practices for utilizing the Subchapter V trustee throughout the case, and highlights tips and traps of plan formulation, contested confirmation hearings, and post-effective date matters. Our distinguished panel features the perspectives of the debtor (Chris Keach, Molleur Law), creditor (Kellie Fisher, Drummond Woodsum), the Subchapter V trustee (David Mawhinney, Bowditch & Dewey), and the bench (Hon. Peter Cary, United States Bankruptcy Court for the District of Maine).