Consumer Bankruptcy

Join experienced practitioners in a historical look at the U.S. Bankruptcy Code from 41 years ago to today, and where the Code may go in the future. Learn the challenges of practicing under the Bankruptcy Act in the 1970s, from the “first meeting of creditors” in front of a bankruptcy judge to reaffirmation of debt and filing two petitions for a husband and wife. How did attorneys, debtors, creditors and the courts adjust to the Code? How has the court and bar changed in terms of diversity? What is the importance of local precedent, and how was and is it disseminated? With the formalization of the bankruptcy courts, how did the judicial appointment, assignment of cases, and general contact and communication with the courts change? From the U.S. Trustee pilot program to the current model, how has the chapter 7 trustee appointment process changed, and what are the effects? How did local practice change, and how does it continue to evolve? What are the results of the exemption compromise and its effects on current practice?

Take a look forward as this panel predicts where the Code will be in the next 40 years. Will venue be mandated or constricted? How will student loans be handled? What technologies will be in the courtrooms of the future? Does current case law foreshadow what is to come? How will the international insolvency landscape change? Will there even be a need for bankruptcy?

Our panel of chapter 7 trustees and consumer practitioners will discuss how to analyze corporate-entity assets, sales of real estate and other advanced issues.

The judges will discuss ethical issues involved with the representation of parties in bankruptcy proceedings. Topics for discussion include pre-filing obligations (e.g., investigation of assets, conflicts, employment and fee-sharing agreements), duties upon filing the case (e.g., disclosures, fee applications, § 341 meetings, adversary proceedings), and ongoing and other obligations (e.g., fee disgorgement, duties throughout a chapter 13 proceeding, sanctions). The discussion will consider federal bankruptcy statutes, federal and state rules of procedure, and state rules for attorney conduct.

Speakers, including members of the ABI Commission on Consumer Bankruptcy, will analyze the focus of and suggestions by the Commission on the reduction of barriers to entry into chapter 13, enhancing the fresh start and making chapter 13 work for all stakeholders.

This presentation combines art and insolvency law to reveal fascinating insights into Dutch artist Rembrandt’s life (1606-69): his Amsterdam workshop, loves, real estate and art investing, fraudulent transfers and secret corporations, along with asset auctions and jurisdictional issues not seen since Stern v. Marshall.

This session will highlight particularly interesting case law developments to date in 2019 and their impact on bankruptcy law and practice.

The panelists will take an interactive look at recent developments, trends and cases of note in consumer chapter 7 and chapter 13 cases, including issues related to the new chapter 13 forms, the effect of the new tax bill on consumer debtors, the intersection between consumer bankruptcy and the cannabis industry, the current lending environment, trustee avoidance claims to recover payments for tuition/loan payments, filing trends and other issues.