Consumer Bankruptcy

Consumer debtors have been turning up the heat recently and asserting private rights of action, specific performance and damage claims based on federal statutes passed in response to the consumer mortgage loan crisis. This panel will explore issues surrounding the claims asserted under nonbankruptcy consumer mortgage mitigation programs (HAMP, HARP, etc.) and enforcement programs (National Mortgage Settlement, OCC consent orders, etc.) by debtors in chapter 13 cases.

Individual chapter 11 cases continue to present practitioners with a variety of complex and perplexing issues. This panel will discuss navigating through an individual chapter 11 case from the perspective of both the debtor and its creditors.

A. Absolute Priority Rule in Individual Chapter 11s John A. Anthony Anthony & Partners, LLC; Tampa Michael C. Markham Johnson, Pope, Bokor, Ruppel & Burns, LLP; Clearwater B. Lifestyle Issues in Individual Chapter 11s David S. Jennis Jennis & Bowen, P.L.; Tampa Frank P. Terzo GrayRobinson, PA; Miami C. Exculpation of Professionals in Chapter 11 Plans Charles A. Postler Stichter, Riedel, Blain & Prosser, PA; Tampa Joseph Samet Baker & McKenzie LLP; New York

Years after the creation of the concept of domestic-support obligations, the panel will discuss how bankruptcy courts have interpreted this concept and how “alimony, maintenance and support” is a key element in BAPCPA cases. The presentation will also highlight the complex relationship between bankruptcy and domestic-relations law, and whether bankruptcy courts are bound by state courts’ determinations when issues of claim classification are raised. This panel will also discuss the criteria for the approval of applications for employment and reimbursement of fees, the role of the different trustees in those processes, the independent role of the bankruptcy judges and the consequences of not filing a timely application. Consideration will be given to the perspectives of debtor’s attorneys, special counsel, other professionals and secured creditors’ attorneys.

This panel will discuss the source and purpose of the National Chapter 13 Plan Form, explain the concerns surrounding the U.S. Supreme Court case of Espinosa, discuss the Bankruptcy Rules that will accompany the National Form, discuss and explain the National Form’s parts and the provisions contained therein, and cover what the practitioner must consider when the National Form becomes mandatory. The panel will also discuss relevant issues related to properly preparing and filing well-supported proofs of claims, including issues related to transferred and purchased claims. Finally, the panel will address the fairly new Rule 3002.1, which is related to claims secured by a security interest in the debtor's principal residence, including the details and responsibilities that accompany all of that rule's subparts.