Consumer

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.

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.

Great Debates
Timothy J. Hurley, Moderator
Taft Stettinius & Hollister LLP; Cincinnati
Resolved: Impairment is a good thing and should be encouraged.
Pro: Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Con: Hon. John E. Hoffman
U.S. Bankruptcy Court (S.D. Ohio); Columbus, Ohio
Resolved: If you get caught hiding assets from the piper, you should pay the piper — with exempt assets.
Pro: Hon.Eugene R. Wedoff (ret.)
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Con: Hon.James M. Carr
U.S. Bankruptcy Court (S.D. Ind.); Indianapolis

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.

What happens when the lender or debtor is missing key documents or has inadequate documentation? What if there is a lack of original signatures? These and other practical topics will be discussed.