Consumer Debt

Do you ever wonder what a particular Supreme Court decision means for you and your practice? This panel will discuss the Supreme Court’s general approach to deciding cases, including bankruptcy cases, and what those decisions mean for the bankruptcy and larger legal community. The panelists will use decisions from last term (as well as those to be argued this term) to help attendees better understand the decisions, how they might influence lower court decisions, and what it all means for those subjected to their decisions.

This panel will discuss the emerging and ever-changing role of artificial intelligence (AI) and machine learning (ML) in the administration of consumer debt, and the effects on bankruptcy cases. The panelists will discuss how the technology has been used in both account-servicing and court filings, where it may be going, and potential pitfalls to be mindful of as AI/ML becomes more common.

This panel will focus on post-petition accrual of equity in real estate, the recent Supreme Court decision regarding tax violations, preferences, whether direct mortgage payments are considered “payments under the plan.”

The panelists will explore practice pointers professionals should consider when evaluating an individual’s case and assets at the pre-filing and post-filing stages, particularly if there is an inquiry from the case trustee and/or the Office of the U.S. Trustee, and the trial stage if litigation is instituted regarding an asset's value. Participants will learn about typical practice pitfalls when a debtor fails to adequately disclose and value certain assets.

This panel will explore the thorniest questions that have plagued the courts and created circuit splits regarding consumer bankruptcies, including: Does the Bartenwerfer rule only apply to partnerships and agencies; how much, if anything, may chapter 13 debtors contribute to 401(k)s; who gets post-petition appreciation in a home in chapter 13; and are trustees paid if dismissal precedes confirmation?

Customers can play a significant role in Chapter 11 bankruptcy proceedings, both in terms of the value they add to (or detract from) the debtor's business and their potential rights as creditors. In this panel discussion, we will explore the role of customers in Chapter 11 bankruptcy proceedings and the impact they can have on the process, including: The importance of maintaining or rejecting customer relationships and the impact that customer behavior can have on the success of the reorganization or sale process; The creditor role of a customer that can arise by virtue of rejection damages, including the roles and rights a customer gains by becoming a creditor; The consent and approval rights that customers may have in the Chapter 11 process and the implications of these rights for both the debtor and potential bidders in the sale process; The impact that a change of ownership can have on customers, the protections they’re afforded, and how both are addressed in Chapter 11 bankruptcy proceedings. This panel discussion will bring together experts in bankruptcy law, customer relationships, and business strategy to provide a comprehensive view of the role of customers in Chapter 11 bankruptcy proceedings. Whether you represent customers, creditors, or are simply interested in learning more about the bankruptcy process, this discussion will provide valuable insights into this complex area of the law.