Consumer Bankruptcy

This session will highlight particularly interesting case law developments to date in 2016 and their impact on bankruptcy law and practice.

BAPCPA established several hurdles that debtors have to overcome in order to obtain a discharge of a confirmed plan. Confirmation of the plan in many respects is only the beginning of the process. This panel, which includes two chapter 13 trustees and an experienced creditors’ counsel and is moderated by an experienced debtors’ counsel, will explore the issues that arise after confirmation, including the completion of required tasks for a debtor to obtain a discharge. Issues to be discussed include plan modification, requirements imposed upon lenders, and duties imposed upon debtors to obtain discharge.

This panel of chapter 13 trustees will provide an in-depth analysis of the necessary steps to reach confirmation of your chapter 13 plan, including the necessary steps and analysis that are required to secure their recommendation. The panel judge will give his perspective of the mega dockets and volume of issues that are typically brought before the court.

This panel will compare and contrast actions under §§ 707 and 727, with input from debtor’s counsel, the U.S. Trustee, the court and the chapter 7 trustee. The panel will discuss other current issues affecting parties in consumer bankruptcies, such as effects on the system caused by pro se debtors and how the system is handling those debtors, and how the new forms are affecting the effectiveness of the system.

Our expert faculty will pull back the curtain on representing creditors and will examine current issues facing mortgage and automobile creditors. Topics will include updates on the mortgage and automobile loan servicing industry, new proofs-of-claim rules and forms, servicing standards, statutes of limitations, and compliance issues.

Debtors and their counsel want a smooth, quick chapter 7 experience and discharge: a simple no-asset case that will proceed promptly through a short, uneventful first meeting of creditors, to discharge and case closing in a matter of a few months. The chapter 7 trustee stands in the way, though, as he/she looks for discharges to deny and assets to pay creditors. Forewarned is forearmed: This seminar will explore recent skirmishes in the struggle between the impecunious and their trustees, including the important areas of homestead exemption and mortgage-lien avoidance, avoidance of large pre-filing family expense payments, and nondisclosure issues.

Join us as we explore three complicated areas of ethics that all attorneys should be wary of. First, we will discuss examples of sanctionable lawyer behavior and when that behavior can result in a law firm being sanctioned. Second, some pre-petition planning is necessary, obvious and required in order to advance your clients’ interests, but some planning can cross the line between permissible advocacy and fraud. How do you know where the line is so that you can represent your client to the best of your abilities and avoid trouble? Lastly, some conflicts are clear, while others are more nuanced. This panel delves into the duties regarding perilous conflicts, and steps you can take to make sure you comply with the appropriate rules of professional responsibility while still representing the best interests of the client.

When is a tax return not a tax return? Bankruptcy can be very useful when seeking to discharge personal income tax obligations, but if the return has not been filed on time, dischargeability may be in jeopardy. Many courts have addressed this issue and have issued widely divergent views, including the First Circuit’s strict interpretation of what constitutes a tax return as announced by the majority in In re Fahey. This panel will focus on the development of the case law in the First Circuit, the information you must obtain from the taxing authority to determine when a tax return has been filed, what constitutes a return, and strategies to employ in the event that the tax return your client filed is defective and the taxes reported on that return are nondischargeable.

This panel will explore the conflicts of law between estate planning and bankruptcy. Debtor’s counsel, beware: Life estate, remainder interest, trust or power of attorney may not be safe in bankruptcy. The panel will examine recent bankruptcy cases addressing the validity of estate-planning techniques designed to protect assets that then wreak havoc on pre-bankruptcy planning, timing and chapter selection and that can have significant implications on debtors and their nonfiling family members.