Consumer

Means Test: Chapter 7 and Chapter 13 Form B22 Analysis

This panel will discuss recent developments in means test issues, including what constitutes current monthly income, defining household size, secured payments on collateral to be surrendered, and disposable monthly income and applicable commitment period for chapter 13 debtors.

This panel will discuss domestic support obligation (DSO) and alimony/property settlement dischargability issues. When does the automatic stay apply and not apply? Should a bankruptcy be considered before, during or after the divorce? What about exemptions? In addition, the panel will discuss the threshold amount that a trustee is likely to pursue, as well as locating real estate assets and checklists for managing a real estate asset. The panel will also examine procrastination as the greatest enemy of a chapter 7 trustee, and pushing an asset liquidation to closing as quickly as possible.

When is an individual Chapter 11 a better fit for your client? Think through an individual Chapter 11 plan and spot critical issues that can lead to success. A panel of experienced individual Chapter 11 practitioners 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

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.

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