Consumer Bankruptcy

"This session will discuss the different procedures, legal standards, remedies, burdens of proof and case law applicable when litigating violations of the automatic stay and violations of the discharge injunction in both chapter 7 and chapter 13 cases. "

This year’s litigation session will focus on preparing a witness to testify in various bankruptcy circumstances, including § 341 meetings, Rule 2004 examinations, evidentiary hearings and trials. The session will also include “how to” and “how not to” demonstrations of witness preparation by experienced trial lawyers encompassing preparation for both direct testimony and cross-examination.

Recent and Pending Legislation Regarding Student Loans and CFPB Regulations for Mortgage Servicing

Estate-planning efforts and divorce proceedings can result in trustees being able to reach property that had previously been considered beyond the reach of creditors. Be prepared to explore the intersections of these laws with an expert panel who will address the impact of bankruptcy on estate plans, homestead exemptions, life estates, the sale of remainder interests and more.

Ten years ago, the consumer bankruptcy bar was facing an unknown world with the passage of BAPCPA. Areas of concern included the means test, the determination of “presumptions of abuse,” the definitions of “excess disposable income” and how it varied from “disposable income,” and the stringent limitations on the claims of exemptions by debtors. This panel will examine the case law that has evolved and will review how consumer bankruptcy cases are being administered in light of BAPCPA. Has the outcome been what the drafters intended it to be, or is consumer bankruptcy practice essentially the same 10 years later?

“Most official bankruptcy forms will be replaced with substantially revised, reformatted and renumbered versions effective December 1, 2015.” – U.S. Courts These new forms are part of a forms modernization project that was begun by the Advisory Committee on Bankruptcy Rules in 2008. Among other things, the new forms introduce different versions of case opening forms for individual debtors and non-individual debtors. The new forms are easier for debtors to understand and complete and are designed to work with scheduled enhancements to the federal courts’ case opening and electronic case management system. Join members of the Advisory Committee on Bankruptcy Rules, as well as a software expert from Stratus BK, to learn about the new forms.