2019, 2019 Hon. Steven W. Rhodes Consumer Bankruptcy Conference

The most popular session each year, this annual favorite will cover all recent bankruptcy law decisions and current consumer bankruptcy law issues. This session is a must-attend for professionals to stay current on consumer bankruptcy law issues.

Recovering estate property isn’t always as straightforward as directing the debtor to turn over property. This session will focus on situations where a nonbankrupt party (receiver, agent, court officer or assignee) has possession of property of the debtor/estate. How does the Bankruptcy Code define a “custodian," and what rights and responsibilities do custodians have? What rights do the debtor and trustee have? Can the custodian maintain possession of the property, and under what circumstances?

Most individual chapter 7s proceed seamlessly from petition to discharge, but an effective practitioner must be able to identify and manage those difficult cases where obstacles to discharge abound. How do you identify chapter 7s with potential problems (debtors with businesses, searching public records for assets and transfers, requesting and reviewing documents in advance of filing, effective communication, etc.)?

This session will focus on pending legislation that may affect your practice, and on ABI’s latest recommendations regarding personal bankruptcies. What are the latest developments and strategies to address student loans? Is a legislative fix for the student loan crisis really in the works (H.R. 2366)? What would the small business bankruptcy bill do, and where does it stand? Will veterans' benefits become exempt from means testing? The session will also cover other notable legislative actions, as well as the key takeaways from the Final Report of the ABI Commission on Consumer Bankruptcy.

Many bankruptcy cases have property that is partly owned by the debtor and partly owned by a nondebtor. This session will address some of the issues that can arise for debtors, creditors and trustees in these circumstances. Can a chapter 7 trustee administer property that is co-owned by a nondebtor? Under what circumstances can such property be partitioned? What steps can a nondebtor co-owner take to protect his or her interest in estate property? What about equitable title vs. legal title? What rights does the nonfiling co-debtor have? When does the co-debtor stay apply?