South Carolina

Law school can seem like a long time ago, especially when a client walks in the door wanting help on filing for personal bankruptcy. This session will provide an overview of chapter 7: the players, bankruptcy estate, automatic stay, initial consultation and means test. Included in the discussion will be exemptions, preparing schedules, the relevant Bankruptcy Code and Rules sections, local rules, and how to know whether your client can or must redeem, reaffirm or surrender. Brush up on your skills and learn what you need to know about one of the core chapters of consumer bankruptcy.

Successful consumer bankruptcy cases often hinge on the intake process, particularly the details gathered on the intake form. What questions should be asked? What resources should be used? Discover best practices for getting the right information from the very beginning, which can avoid all kinds of headaches later. (No one wants to discover a fraudulent transfer at the 11th hour!).

To ease the financial fallout from the pandemic, there could be increased congressional interest in consumer bankruptcy reform. Sen. Elizabeth Warren and Rep. Jerrold Nadler already have proposed a complete overhaul of the consumer bankruptcy system and a new chapter 10 for all individual debtors. Several pending legislative proposals would make it easier to discharge student loans in bankruptcy. Profs. Robert Lawless and Adam Levitin will explain these proposals, the motivating factors behind them, and what else might be coming in the consumer bankruptcy world.

Bankruptcy Judges Elizabeth Brown and Michael Romero will discuss the year’s widest splits and most controversial opinions with ABI Editor-at-Large Bill Rochelle.

This panel will reveal strategies and tactics for introducing evidence properly and effectively in bankruptcy court to make persuasive case presentations.