Consumer Bankruptcy

Consumer Debate Resolved: Limited-scope representation should be allowed in consumer bankruptcy cases. Brian T. Fenimore 102536, Moderator Lathrop & Gage LLP; Kansas City PRO: Theresa V. Brown-Edwards 211813 DARBY | BROWN-EDWARDS LLC; Wilmington, Del. CON: Hon. Robert D. Berger 185770 U.S. Bankruptcy Court (D. Kan.); Kansas City Business Debate Resolved: Bankruptcy judges are authorized to do structured dismissals in chapter 11 bankruptcies. Brian T. Fenimore 102536, Moderator Lathrop & Gage LLP; Kansas City PRO: G. David Dean, II 222886 Cole, Schotz, Meisel, Forman & Leonard, PA; Baltimore CON: T. Patrick Tinker 545420 Office of the U.S. Trustee; Wilmington, Del. Judicial Debate Resolved: A debtor can force a secured creditor to accept title to its collateral pursuant to a plan that provides for its surrender or vesting in that creditor. Brian T. Fenimore, Moderator Lathrop & Gage LLP; Kansas City PRO: Hon. Robert E. Nugent 105973 U.S. Bankruptcy Court (D. Kan.); Wichita CON: Hon. Arthur B. Federman 102540 U.S. Bankruptcy Court (W.D. Mo.); Kansas City

The panel will survey recent cases in areas such as stay litigation, lien-stripping, exemptions, family issues and student loans.

This session will be a fast-paced tour of advanced topics on a broad range of bankruptcy issues. While many U.S. Supreme Court decisions seek to address circuit splits and resolve issues of differing interpretation, the decisions often create additional diversity in interpretation and practice. This panel will address the last decade of Supreme Court decisions and their aftermath, and will take a look at pending and potential cases that may soon be decided.

Proper representation requires that the lawyer consider from the onset of the relationship a variety of practical and ethical concerns. This panel discussion will focus on such issues as whether bankruptcy is the best alternative and which form of bankruptcy is the appropriate one, as well as certain pre-bankruptcy considerations and ensuring that the representation does not run awry of certain ethical considerations and canons.

The panel will address dischargeability litigation from both the debtor and creditor (and bench) perspective.

Individual chapter 11 cases remain mired in unique legal issues. This expert panel tours the case law including confirmation issues such as the effect of the Absolute Priority Rule

Judicial Debate RESOLVED: Bankruptcy Code section 307 and the corresponding Federal Rules of Bankruptcy Procedure should be amended to permit the Court to limit the role of the United States Trustee in corporate chapter 11 cases for cause upon motion of an Official Committee of Unsecured Creditors appointed in the case. Mitchell Ryan 203605, Moderator Rust Omni; Orange, Calif. Pro: Hon. Peter W. Bowie 184974 U.S. Bankruptcy Court (S.D. Cal.); San Diego Con: Hon. August B. Landis 108698 U.S. Bankruptcy Court (D. Nev.); Las Vegas Business Debate Resolved: Municipalities should not be permitted to modify pension benefits in chapter 9. Mitchell Ryan 203605,Moderator Rust Omni; Orange, Calif. Pro: Sharon L. Levine 104784 Lowenstein Sandler LLP; Roseland, N.J. Con: James H.M. Sprayregen 100999 Kirkland & Ellis LLP; Chicago Consumer Debate Resolved: Trustees should not be permitted to sell property where there is no equity for the estate. Mitchell Ryan 203605, Moderator Rust Omni; Orange, Calif. Pro: C.R. "Chip" Bowles, Jr. 103012 Bingham Greenebaum Doll LLP; Louisville, Ky. Con: Ford Elsaesser 105080 Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.; Sandpoint, Idaho

Retool your CARE skills, or get a head start on the basics of CARE presenting at this master class with three of the most experienced CARE presenters on the planet.

Recent Prosecutions, Ponzi Schemes, Debtor Crimes, Professional Fraud (including Medicare and Medicaid) plus Upcoming Discharge Issues.

The U.S. Supreme Court will decide three bankruptcy cases this term: (1) Executive Benefits Insurance Agency v. Arkison, which addresses the constitutionality of the district court referral system for bankruptcy cases and consent to jurisdiction where separation of powers is at issue; (2) Clark v. Rameker, which involves the availability of exemptions for inherited IRAs; and (3) Law v. Siegel, which deals with a bankruptcy court’s authority under § 105 to surcharge exemptions. In each of these cases, either the parties are represented by First Circuit practitioners and law firms, or the underlying circuit splits involve precedents from the First Circuit. This panel will offer an insider’s view of the issues and outcomes.