About
Spanning two weeks, the virtual Consumer Practice Extravaganza promises to be the premier consumer debt event of the year. Leading practitioners will explore the latest consumer debt practices through more than 30 hours of innovative online programming.
Five broad session tracks will ensure that there is something for everyone. Tracks include deep dives into the future of bankruptcy, practice management, bankruptcy 101, and more!
Attendees can select sessions from any track, and all sessions will conveniently remain available to attendees for 60 days after the conclusion of the conference.
Agenda
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The Legislative Landscape for Consumer Bankruptcy: Chapter 10, Student Loans and Beyond
The Legislative Landscape for Consumer Bankruptcy: Chapter 10, Student Loans and Beyond
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.
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.
Start
1:00 PM
End
2:00 PM
Be Prepared: Best Practices for Intake
Be Prepared: Best Practices for Intake
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!).
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!).
Start
2:30 PM
End
3:30 PM
Intro to Chapter 7
Intro to Chapter 7
The panelist will introduce practitioners to Chapter 7 bankruptcy by providing an overview of all major aspects of and events involved in a debtor’s chapter 7 case. Topics will included the completion of a debtor’s schedules, exemptions and eligibility, concept of discharge and dischargeability, a debtor’s options for dealing with secured debts, relief from automatic stay, and a timeline of key events in a case.
The panelist will introduce practitioners to Chapter 7 bankruptcy by providing an overview of all major aspects of and events involved in a debtor’s chapter 7 case. Topics will included the completion of a debtor’s schedules, exemptions and eligibility, concept of discharge and dischargeability, a debtor’s options for dealing with secured debts, relief from automatic stay, and a timeline of key events in a case.
Start
2:30 PM
End
3:30 PM
Mortgage Mediation in Bankruptcy: How to Make the Mediation Process Successful
Mortgage Mediation in Bankruptcy: How to Make the Mediation Process Successful
The Eastern and Western Districts of Wisconsin, along with Florida’s Middle District, have all set up successful mortgage-mediation programs. This panel will spill the details on how they did it, particularly the ways in which they used web-based portals for document exchanges. Also on tap: the role of mediators and the court’s role in overseeing order processes and timelines.
The Eastern and Western Districts of Wisconsin, along with Florida’s Middle District, have all set up successful mortgage-mediation programs. This panel will spill the details on how they did it, particularly the ways in which they used web-based portals for document exchanges. Also on tap: the role of mediators and the court’s role in overseeing order processes and timelines.
Start
2:30 PM
End
3:30 PM
The Intersection of Bankruptcy and Divorce
The Intersection of Bankruptcy and Divorce
Divorces are messy enough without introducing bankruptcy into the equation — but when there is a bankruptcy aspect, there are a ton of issues to sort through. What happens in divorce court doesn’t always fly in bankruptcy proceedings, and vice versa. Learn tips for navigating through these often-contradictory laws.
Divorces are messy enough without introducing bankruptcy into the equation — but when there is a bankruptcy aspect, there are a ton of issues to sort through. What happens in divorce court doesn’t always fly in bankruptcy proceedings, and vice versa. Learn tips for navigating through these often-contradictory laws.
Start
2:30 PM
End
3:30 PM
Ethics and Well-Being: How to Balance and Manage Competing Obligations
Ethics and Well-Being: How to Balance and Manage Competing Obligations
This session will cover barriers to wellness for lawyers, and why lawyers are often reluctant to seek help. This panel will also include achievable strategies that lawyers can employ to enhance their well-being. In addition, this program will review lawyers' ethical obligations, and how enhancing personal well-being and adopting strategies for balancing life’s demands can enhance their ability to comply with these obligations.
This session will cover barriers to wellness for lawyers, and why lawyers are often reluctant to seek help. This panel will also include achievable strategies that lawyers can employ to enhance their well-being. In addition, this program will review lawyers' ethical obligations, and how enhancing personal well-being and adopting strategies for balancing life’s demands can enhance their ability to comply with these obligations.
Start
4:00 PM
End
5:00 PM
04
Hot Topics with Bill Rochelle
Hot Topics with Bill Rochelle
Join ABI Editor-at-Large Bill Rochelle as he hosts a panel of bankruptcy judges to discuss circuit splits on important consumer bankruptcy issues. This panel will be presented in a fun game-show format where the judges will vote to resolve the issues before they reach the U.S. Supreme Court.
Join ABI Editor-at-Large Bill Rochelle as he hosts a panel of bankruptcy judges to discuss circuit splits on important consumer bankruptcy issues. This panel will be presented in a fun game-show format where the judges will vote to resolve the issues before they reach the U.S. Supreme Court.
Start
1:00 PM
End
2:00 PM
Make Sure You Get Noticed! Rule 7004 and Ensuring Due Process
Make Sure You Get Noticed! Rule 7004 and Ensuring Due Process
Review how to properly serve your necessary bankruptcy pleadings and motions. Mailing is one of the most ministerial and mundane tasks in your law practice, but proper service is essential to ensuring due process and the long-arm jurisdiction of the courts. Review when to serve, whom to serve, and how to serve different entities properly, including FDIC institutions under Rule 7004(h).
Review how to properly serve your necessary bankruptcy pleadings and motions. Mailing is one of the most ministerial and mundane tasks in your law practice, but proper service is essential to ensuring due process and the long-arm jurisdiction of the courts. Review when to serve, whom to serve, and how to serve different entities properly, including FDIC institutions under Rule 7004(h).
Start
2:30 PM
End
3:30 PM
Subchapter V 101: A Guide to the Bankruptcy Code’s Newest (Sub)Chapter
Subchapter V 101: A Guide to the Bankruptcy Code’s Newest (Sub)Chapter
Subchapter V is the newest option for debtors to reorganize in bankruptcy. Learn from a panel of experienced subchapter V trustees what it is all about and how subchapter V has changed the bankruptcy landscape for the better.
Subchapter V is the newest option for debtors to reorganize in bankruptcy. Learn from a panel of experienced subchapter V trustees what it is all about and how subchapter V has changed the bankruptcy landscape for the better.
Start
4:00 PM
End
5:00 PM
Networking Happy Hour
Networking Happy Hour
Start
5:00 PM
End
6:00 PM
05
Great Debates
Great Debates
The title says it all — and these sessions are always full of fireworks. We’ll cover post-petition appreciation in chapter 13s (to whom does it belong?), bifurcation of chapter 7 fees, and lien-stripping in chapter 20. You might be picking a side, but you’ll learn a lot from both sides!
The title says it all — and these sessions are always full of fireworks. We’ll cover post-petition appreciation in chapter 13s (to whom does it belong?), bifurcation of chapter 7 fees, and lien-stripping in chapter 20. You might be picking a side, but you’ll learn a lot from both sides!
Start
1:00 PM
End
2:00 PM
Do Not Blame the Software
Do Not Blame the Software
We all want tech to solve our problems, but software still requires skilled users to make it work at its full potential. Find out how to evaluate tech tools, get the most out of them, and what to expect (and not expect) from the “magical” zeroes and ones that are important parts of the consumer bankruptcy landscape. Knowing how to use software to complete bankruptcy plans and compile data for claims is essential for the future of bankruptcy practice.
We all want tech to solve our problems, but software still requires skilled users to make it work at its full potential. Find out how to evaluate tech tools, get the most out of them, and what to expect (and not expect) from the “magical” zeroes and ones that are important parts of the consumer bankruptcy landscape. Knowing how to use software to complete bankruptcy plans and compile data for claims is essential for the future of bankruptcy practice.
Start
2:30 PM
End
3:30 PM
Intro to Chapter 13
Intro to Chapter 13
If you are newer to chapter 13 practice, you won’t want to miss this panel. Join a judge, chapter 13 trustee, and debtor and creditor counsel as they show you how to navigate a chapter 13 case from both debtor and creditor perspectives. The discussion will include plan drafting and modification, claims filing, objecting to confirmation, dismissal, conversion, and getting paid in chapter 13 cases, as well as an overview of the tools you must take advantage of to make a chapter 13 work.
If you are newer to chapter 13 practice, you won’t want to miss this panel. Join a judge, chapter 13 trustee, and debtor and creditor counsel as they show you how to navigate a chapter 13 case from both debtor and creditor perspectives. The discussion will include plan drafting and modification, claims filing, objecting to confirmation, dismissal, conversion, and getting paid in chapter 13 cases, as well as an overview of the tools you must take advantage of to make a chapter 13 work.
Start
2:30 PM
End
3:30 PM
Marketing Your Practice
Marketing Your Practice
Who knew that marketing should have been a law school class? Today’s legal landscape demands that lawyers be savvy marketers who can promote themselves online, building their reputations in the community and becoming “go to” practitioners for other lawyers and clients. Learn how to make your name pop in the legal realm.
Who knew that marketing should have been a law school class? Today’s legal landscape demands that lawyers be savvy marketers who can promote themselves online, building their reputations in the community and becoming “go to” practitioners for other lawyers and clients. Learn how to make your name pop in the legal realm.
Start
2:30 PM
End
3:30 PM
Trending Bankruptcy Issues
Trending Bankruptcy Issues
For many distressed businesses, factoring loans — where third-party companies provide advances on invoices due — can be lifelines. This session will discuss this trending topic, as well as the dischargeability of nonpriority taxes for late-filed tax returns, and cryptocurrency.
For many distressed businesses, factoring loans — where third-party companies provide advances on invoices due — can be lifelines. This session will discuss this trending topic, as well as the dischargeability of nonpriority taxes for late-filed tax returns, and cryptocurrency.
Start
2:30 PM
End
3:30 PM
A.I. and the Future of Your Practice
A.I. and the Future of Your Practice
Mention “artificial intelligence,” and most people start rolling their eyes and making jokes about Skynet. But today’s A.I. is changing the way that many law firms operate. Rather than replacing lawyers, A.I. is taking over more and more of the grunt work that prevents lawyers from doing the higher-level work that is necessary for their practices — by streamlining case searches, brief-writing and a whole host of tasks you might not even have considered.
Mention “artificial intelligence,” and most people start rolling their eyes and making jokes about Skynet. But today’s A.I. is changing the way that many law firms operate. Rather than replacing lawyers, A.I. is taking over more and more of the grunt work that prevents lawyers from doing the higher-level work that is necessary for their practices — by streamlining case searches, brief-writing and a whole host of tasks you might not even have considered.
Start
4:00 PM
End
5:00 PM
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10
A Primer on Gender Identity and Pronoun Usage
A Primer on Gender Identity and Pronoun Usage
This panel will discuss why understanding gender identity is important to your practice, with a focus on key concepts and terms, gender identity/expression, sexual orientation and pronoun usage, and how we can best implement gender identity/expression in our professional lives.
This panel will discuss why understanding gender identity is important to your practice, with a focus on key concepts and terms, gender identity/expression, sexual orientation and pronoun usage, and how we can best implement gender identity/expression in our professional lives.
Start
1:00 PM
End
2:00 PM
Easiest Catch: Don’t Be Another Fish in the Dark ’Net
Easiest Catch: Don’t Be Another Fish in the Dark ’Net
You’ve read the headlines: hacked databases, stolen information, all becoming increasingly commonplace. Unfortunately, the question now is not whether your information is going to be accessed or stolen, but when. This session will inform attendees of current developments in the digital underground, and will provide realistic advice for cyberprotection. Included in the discussion will be recent high-profile cybercrime events, including website breaches impacting a variety of organizations and sectors, and particularly dangerous types of threats that might affect individuals involving the so-called dark web, the internet of things, phishing and wi-fi attacks, and the value of leveraging digital evidence and ESI in bankruptcy proceedings.
You’ve read the headlines: hacked databases, stolen information, all becoming increasingly commonplace. Unfortunately, the question now is not whether your information is going to be accessed or stolen, but when. This session will inform attendees of current developments in the digital underground, and will provide realistic advice for cyberprotection. Included in the discussion will be recent high-profile cybercrime events, including website breaches impacting a variety of organizations and sectors, and particularly dangerous types of threats that might affect individuals involving the so-called dark web, the internet of things, phishing and wi-fi attacks, and the value of leveraging digital evidence and ESI in bankruptcy proceedings.
Start
2:30 PM
End
3:30 PM
Pre-Filing Issue-Spotting
Pre-Filing Issue-Spotting
What are the issues that every debtor’s counsel (and client) should consider before a bankruptcy petition is filed? Learn to think like a chapter 7 trustee (WWLD).
What are the issues that every debtor’s counsel (and client) should consider before a bankruptcy petition is filed? Learn to think like a chapter 7 trustee (WWLD).
Start
2:30 PM
End
3:30 PM
So, You Want to Become a Consumer Bankruptcy Attorney. Why?
So, You Want to Become a Consumer Bankruptcy Attorney. Why?
This session's panelists will provide their perspectives on consumer bankruptcy practice from both the debtor and creditor sides, as well as advice for lawyers starting out in the profession. They will also discuss what every side in a consumer bankruptcy can learn from the other sides, and what the profession might look like in the future.
This session's panelists will provide their perspectives on consumer bankruptcy practice from both the debtor and creditor sides, as well as advice for lawyers starting out in the profession. They will also discuss what every side in a consumer bankruptcy can learn from the other sides, and what the profession might look like in the future.
Start
2:30 PM
End
3:30 PM
Taking Rule 3002.1 Sanctions Down the Gravel Road to Casa Blanco
Taking Rule 3002.1 Sanctions Down the Gravel Road to Casa Blanco
Rule 3002.1 exists to protect debtors and creditors from unnecessary disputes over the status of current and former chapter 13 debtors’ mortgage loans. A recent Second Circuit opinion (In re Gravel) calls into question the ability of bankruptcy courts to impose monetary sanctions on mortgage-servicers that fail to comply with Rule 3002.1’s requirements. In this session, the panelists will cover both Gravel (and the dissent) and a recent bankruptcy court opinion (In re Blanco) that rejects the reasoning in Gravel. Can the two cases be reconciled? What is the standard that must be established to justify the imposition of sanctions when mortgage-servicers fail to comply with Rule 3002.1’s requirements, and what are the limitations on the amount of sanctions that can be considered appropriate? The panelists will discuss these questions along with additional legal actions and notices that consumer attorneys should take in these cases, as well as using an adversary proceeding in lieu of a motion.
Rule 3002.1 exists to protect debtors and creditors from unnecessary disputes over the status of current and former chapter 13 debtors’ mortgage loans. A recent Second Circuit opinion (In re Gravel) calls into question the ability of bankruptcy courts to impose monetary sanctions on mortgage-servicers that fail to comply with Rule 3002.1’s requirements. In this session, the panelists will cover both Gravel (and the dissent) and a recent bankruptcy court opinion (In re Blanco) that rejects the reasoning in Gravel. Can the two cases be reconciled? What is the standard that must be established to justify the imposition of sanctions when mortgage-servicers fail to comply with Rule 3002.1’s requirements, and what are the limitations on the amount of sanctions that can be considered appropriate? The panelists will discuss these questions along with additional legal actions and notices that consumer attorneys should take in these cases, as well as using an adversary proceeding in lieu of a motion.
Start
2:30 PM
End
3:30 PM
Judicial Roundtable
Judicial Roundtable
Judges from all the circuits will lead this plenary focusing on today’s most pertinent issues. Whether the judges are presenting onstage or getting heckled by the audience, this promises to be a rollicking and informative session, covering circuit splits, hot topics and more.
Judges from all the circuits will lead this plenary focusing on today’s most pertinent issues. Whether the judges are presenting onstage or getting heckled by the audience, this promises to be a rollicking and informative session, covering circuit splits, hot topics and more.
Start
4:00 PM
End
5:00 PM
Networking Roulette
Networking Roulette
Get matched with a colleague from the insolvency industry at random and spend 4 minutes networking with each other, then do it all over again and again and again ...
Get matched with a colleague from the insolvency industry at random and spend 4 minutes networking with each other, then do it all over again and again and again ...
Start
5:00 PM
End
6:00 PM
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Student Loans
Student Loans
There has been a lot of chatter floating around Congress surrounding student loans. Right now, all student loan debt discharges hinge on a “hardship” definition that is almost impossible to achieve. But the rules might change soon — or at least bend a little, as recent court decisions suggest. Join this session to learn the latest surrounding this pertinent issue.
There has been a lot of chatter floating around Congress surrounding student loans. Right now, all student loan debt discharges hinge on a “hardship” definition that is almost impossible to achieve. But the rules might change soon — or at least bend a little, as recent court decisions suggest. Join this session to learn the latest surrounding this pertinent issue.
Start
1:00 PM
End
2:00 PM
Defending a 523/727 Action
Defending a 523/727 Action
An overview of exceptions to discharge and revocation of an order of discharge. What every practitioner should look for BEFORE the case is filed. When a client should file for relief--and when a client should not file. How counsel protects oneself from making mistakes. Tips on litigation from two attorneys who have been defending and prosecuting claims and defenses for many, many years.
An overview of exceptions to discharge and revocation of an order of discharge. What every practitioner should look for BEFORE the case is filed. When a client should file for relief--and when a client should not file. How counsel protects oneself from making mistakes. Tips on litigation from two attorneys who have been defending and prosecuting claims and defenses for many, many years.
Start
2:30 PM
End
3:30 PM
Fees & Profitability
Fees & Profitability
Getting paid in a world populated by bankrupt debtors is a tricky dance, but there are ways to make it happen. What you learn in this session is sure to be music (and money) to your ears! This panel will address chapter 7 fee bifurcation, effective chapter 13 fee applications and step-up plans, as well as practice-management profitability strategies, budgeting, billing and retirement.
Getting paid in a world populated by bankrupt debtors is a tricky dance, but there are ways to make it happen. What you learn in this session is sure to be music (and money) to your ears! This panel will address chapter 7 fee bifurcation, effective chapter 13 fee applications and step-up plans, as well as practice-management profitability strategies, budgeting, billing and retirement.
Start
2:30 PM
End
3:30 PM
Google and Your Practice: Google Reviews, SEO and Google My Business (GMB)
Google and Your Practice: Google Reviews, SEO and Google My Business (GMB)
Ranking on Google is perhaps the most important thing you can do to market your law firm. In this presentation, we’ll dig into how PPC (Google paid ads) complement your SEO (search engine optimization), social media and email marketing; how connecting your paid ads to your Google My Business (GMB) listing helps get your practice in front of more prospective clients; how search terms in paid ads are an invaluable source of information on consumer behavior and intent; and how geo-scheduling ads down to the zip code and overlaying such demographics as age, income and audience can help make sure your ads reach the right people. This session will also explain the intricacies of Google Ads rebranding from AdWords, including YouTube and more than 2 million websites in the Google Display Network.
Ranking on Google is perhaps the most important thing you can do to market your law firm. In this presentation, we’ll dig into how PPC (Google paid ads) complement your SEO (search engine optimization), social media and email marketing; how connecting your paid ads to your Google My Business (GMB) listing helps get your practice in front of more prospective clients; how search terms in paid ads are an invaluable source of information on consumer behavior and intent; and how geo-scheduling ads down to the zip code and overlaying such demographics as age, income and audience can help make sure your ads reach the right people. This session will also explain the intricacies of Google Ads rebranding from AdWords, including YouTube and more than 2 million websites in the Google Display Network.
Start
2:30 PM
End
3:30 PM
Post-Filing Issue-Spotting
Post-Filing Issue-Spotting
Sometimes a bankruptcy case isn’t over when it’s over, especially when certain issues arise (like the debtor suddenly “discovering” a bank account he or she forgot to “mention,” violations of the automatic stay, adversary actions, motions for relief from stay, turnover, avoiding liens, and much more). Learn how to navigate some of the most common post-filing issues in consumer practice.
Sometimes a bankruptcy case isn’t over when it’s over, especially when certain issues arise (like the debtor suddenly “discovering” a bank account he or she forgot to “mention,” violations of the automatic stay, adversary actions, motions for relief from stay, turnover, avoiding liens, and much more). Learn how to navigate some of the most common post-filing issues in consumer practice.
Start
2:30 PM
End
3:30 PM
Ethics: Hold or Fold Them?
Ethics: Hold or Fold Them?
Ever get stuck with one of “those” clients? (We’ve all been there.) What do you do when you uncover serious problems with a debtor? Learn the right — and wrong — ways to extract yourself from a problem case. This panel will discuss limited-scope representation and the ability of the attorney to withdraw before, during and after the bankruptcy case.
Ever get stuck with one of “those” clients? (We’ve all been there.) What do you do when you uncover serious problems with a debtor? Learn the right — and wrong — ways to extract yourself from a problem case. This panel will discuss limited-scope representation and the ability of the attorney to withdraw before, during and after the bankruptcy case.
Start
4:00 PM
End
5:00 PM
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