Consumer Bankruptcy

This panel of bankruptcy judges from the Eighth and Tenth Circuits will discuss several recent decisions from the U.S. Supreme Court, the Eighth and Tenth Circuit Courts of Appeals and Bankruptcy Appellate Panels, and elsewhere that are likely to impact your bankruptcy practice.

This panel will provide an in-depth review and analysis of chapter 13 pre- and post-confirmation issues, pitfalls, and practice tips to fully equip consumer practitioners with the tools they need to face any issues that may arise.

This panel will discuss and analyze current notable business and consumer bankruptcy cases.

This panel will analyze and discuss the Supreme Court’s blockbuster decisions in Purdue Pharmaceuticals (non-consensual non-debtor releases), Truck Insurance (insurance neutrality in chapter 11 cases), and John Q. Hammons (refund of unconstitutional US Trustee fee overpayments). Learn about what these decisions mean for similar pending cases and for the future of chapter 11 practice, as well as what these decisions tell us about the Supreme Court and its approach to addressing bankruptcy law issues.

Hosted by ABI's Consumer Bankruptcy Committee With the climate of COVID-19 in the rearview mirror, the consumer bankruptcy process now largely resembles the normalcy that had been elusive during the pandemic. However, remnants of COVID legislation have influenced escrow accounts of consumer debtors and consequently impacted mortgage creditor proofs of claim. Starting with Regulation X and how to perform an escrow analysis, this presentation will discuss escrow and proofs of claim, post-petition escrow accounting (payment change notices under Bankruptcy Rule 3002.1(b)), and the effects of the CARES Act on the treatment of escrow in chapter 13 proceedings.

This panel will delve into emerging issues in bankruptcy cases, offering perspectives from practitioners, chapter 13 trustees and the bench. The panelists will focus on post-confirmation appreciation in asset values, such as who gets the appreciation if the house sells during the chapter 13 or if the case converts to chapter 7; early plan payouts, evaluating final payments before the end of the commitment period, hardship discharges and creative plan modifications; no-look and bifurcated fees; and end-of-case mortgage issue solutions.

ABI Editor-at-Large Bill Rochelle, author of Rochelle’s Daily Wire, will lead a discussion with a panel of judges regarding recent significant cases involving subchapter V case law, simultaneous representation, and the need for financial distress before filing.

This panel will discuss the forthcoming SCOTUS opinion in Purdue and other seminal cases of the year.