New Hampshire

This webinar will discuss efforts currently underway to amend Bankruptcy Rule 9031 to expand judges’ toolboxes and allow for the appointment of special neutrals (a.k.a. special masters), and will focus on practical considerations in evaluating such an amendment.

The Constitution authorizes Congress to enact uniform bankruptcy laws, but attorneys know that many times the handling of consumer bankruptcy cases can seem just like real estate: location, location, location! This session will compare local consumer bankruptcy rules and procedures in the Eastern District of Michigan with those of the Western District of Michigan.

This session will consider what an attorney can do after receiving an adverse decision from the bankruptcy court, including strategic considerations, as well as the nuts-and-bolts procedures in deciding whether to appeal and in prosecuting an appeal. What decisions are appealable as final orders? What decisions require permission to appeal on an interlocutory basis? What are the applicable Federal Rules of Bankruptcy Procedure governing appeals, and what requirements do they impose? What is the standard of review for an appeal of an incorrect legal decision?

Repayment of student loans is a serious problem for many individuals. This session will focus on both nonbankruptcy and bankruptcy ways of dealing with student loans. What nonbankruptcy options exist to deal with student loans? What are income-based repayment programs, and do they work? What other nonbankruptcy creative strategies can be employed? What does it take to discharge a student loan under § 523(a)(8)? Is the Brunner test the only option? What other legal standards may apply? What are the options in chapter 13? Do student loan claims count for purposes of eligibility debt limits?