Friday, July 13

8:30-10:00 a.m.

The Intersection of Criminal Law & Bankruptcy

When issues such as criminal fraud and embezzlement raise their ugly heads and there are potential nondischargeability issues, how do you guide a debtor through bankruptcy while still protecting his right not to incriminate himself? It is a delicate balance that affects all consumer attorneys, trustees and creditors. In this panel, practitioners will discuss strategies to aid in navigating the bankruptcy process when criminal charges are looming. The panel will consist of bankruptcy practitioners, criminal defense counsel and a trustee and will discuss how to help such debtors safely navigate the bumpy legal waters.

10:30-12:00 Noon

Coffee Break

Recent Changes in Chapter 13 Practice

What post-BAPCPA issues continue to challenge Chapter 13 practitioners, and what challenges lie ahead for debtors, creditors and trustees? This panel will discuss the most recent changes affecting Chapter 13 practice: the claims process and Bankruptcy Rule 3002.1 as well as the national settlements involving the largest players in the home mortgage industry.

Panelists will include the United States Trustee for Region 1, a Chapter 13 Trustee and attorneys who represent debtors and creditors.

Saturday, July 14

8:30-10:00 a.m.

Filing your First Individual Chapter 11: Understand Issues and Confirm Creative Plans

Learn to think through an individual Chapter 11 plan and spot critical issues that can affect your case. A panel of experienced individual Chapter 11 practitioners and a member of the judiciary will guide you, step by step, through a successful individual Chapter 11 case, and discuss problematic issues and solutions you can implement in your individual Chapter 11. Topics include:

  • Creating a budget on your schedules
  • Calculating your plan
  • Working with the US Trustee’s office
  • Tax issues
  • Application of the absolute priority rule
  • “Deemed” voting
  • “Reasonable and necessary” expenses
  • Addressing secured mortgage debts in the plan
  • 10:30-12:00 Noon

    Coffee Break

    The Right to Marry versus the Right to Bankruptcy Relief

    As same-sex marriage continues to be sanctioned in states across the county, issues about the treatment of same-sex couples in bankruptcy have emerged. Does the Defense of Marriage Act (DOMA) limit a joint same-sex couple’s right to seek bankruptcy protection? How do same-sex divorces and support obligations impact the rights and obligations of debtors? And in states where only civil unions are available to same-sex couples, does that distinction lead to a meaningful difference for those seeking bankruptcy protection? This panel will discuss and debate the effect of DOMA on bankruptcy cases, the unique issues facing same-sex debtors and their families, and strategies to get debtors in same-sex relationships the debt relief they need.


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