eCourse
Issues in Consumer Bankruptcy
Contains material from Dec 2016 to Jan 2017
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Session 2: Frost and Its Progeny: The Proceeds Saga Continues - Review important tips and information on how to make sure to keep those important exemptions in place.
Session 3: Ethical Issues for Debtor's Counsel - How can you avoid ethical “bankruptcy?” Hear a lively discussion on how to avoid becoming part of the grievance system, including when closing down a practice and representing joint debtors during a post-petition divorce.
Session 4: The Student Loan Crisis and Bankruptcy Relief for Student Loan Debtors Under the Bankruptcy Code's "Undue Hardship" Standard: Are the Courts Ruling More Compassionately Toward Distressed College Loan Debtors? - More than 40 million Americans have outstanding college loans, totaling $1.3 trillion. Millions of people are struggling to repay these student loans, and more than 7 million borrowers are in default. Until recently, student loan debtors found it very difficult to discharge their college loan debt in bankruptcy. Learn how, several recent court decisions may be an indication that bankruptcy courts are ruling more sympathetically toward distressed student loan debtors.
Session 5: Chapter 13 Pitfalls and Traps—Things to Watch Out For - There are traps for the unwary. Discuss protecting the discharge, what to do with mortgage lenders that will not foreclose on surrendered property, disclosure and judicial estoppel, the 6-month homestead rule, and more.
Session 6: The Early Innings: Vesting and Surrendering Real Property - Hear updates on the score of cases considering whether debtors may vest title to real property in a secured lender or other third party. Also, discuss the meaning of “surrender” and the “dirt-for-debt” option in chapter 13.
Includes: Audio Paper Slides
Preview Sessions
Show session details
Angela Littwin
Download session materials for offline use
Session 1
—29 mins
Bar's Reaction to BAPCPA (Dec 2016)
Learn how the consumer bankruptcy bar adapted to BAPCPA and the challenges that remain a decade later.
Originally presented: Nov 2016 Bankruptcy Conference
Angela Littwin,
The University of Texas School of Law - Austin, TX
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Michael V. Baumer, Hon. Eduardo V. Rodriguez
Session 2
—47 mins
Frost and Its Progeny: The Proceeds Saga Continues (Jan 2017)
Review important tips and information on how to make sure to keep those important exemptions in place.
Originally presented: Nov 2016 Bankruptcy Conference
Michael V. Baumer,
Law Office of Michael Baumer - Austin, TX
Hon. Eduardo V. Rodriguez,
U.S. Bankruptcy Court, Southern District of Texas - McAllen, TX
Show session details
Mark B. French, Thomas H. Watkins
Session 3
—30 mins
Ethical Issues for Debtor's Counsel (Jan 2017)
How can you avoid ethical “bankruptcy?” Hear a lively discussion on how to avoid becoming part of the grievance system, including when closing down a practice and representing joint debtors during a post-petition divorce.
Originally presented: Nov 2016 Bankruptcy Conference
Mark B. French,
Law Office of Mark B. French - Bedford, TX
Thomas H. Watkins,
Husch Blackwell LLP - Austin, TX
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W. Richard Fossey
Download session materials for offline use
Session 4
—29 mins
The Student Loan Crisis and Bankruptcy Relief for Student Loan Debtors Under the Bankruptcy Code's "Undue Hardship" Standard: Are the Courts Ruling More Compassionately Toward Distressed College Loan Debtors? (Jan 2017)
More than 40 million Americans have outstanding college loans, totaling $1.3 trillion. Millions of people are struggling to repay these student loans, and more than 7 million borrowers are in default. Until recently, student loan debtors found it very difficult to discharge their college loan debt in bankruptcy. Learn how, several recent court decisions may be an indication that bankruptcy courts are ruling more sympathetically toward distressed student loan debtors.
Originally presented: Nov 2016 Bankruptcy Conference
W. Richard Fossey,
University of Louisiana at Lafayette - Baton Rouge, LA
Show session details
Pamela A. Bassel, Ravi Patrick Ratnala
Session 5
—44 mins
Chapter 13 Pitfalls and Traps—Things to Watch Out For (Jan 2017)
There are traps for the unwary. Discuss protecting the discharge, what to do with mortgage lenders that will not foreclose on surrendered property, disclosure and judicial estoppel, the 6-month homestead rule, and more.
Originally presented: Nov 2016 Bankruptcy Conference
Pamela A. Bassel,
Standing Chapter 13 Trustee - North Richland Hills, TX
Ravi Patrick Ratnala,
The Ratnala Law Firm, PLLC - Houston, TX
Show session details
Tara Twomey, Hon. Eugene R. Wedoff
Download session materials for offline use
Session 6
—31 mins
The Early Innings: Vesting and Surrendering Real Property (Jan 2017)
Hear updates on the score of cases considering whether debtors may vest title to real property in a secured lender or other third party. Also, discuss the meaning of “surrender” and the “dirt-for-debt” option in chapter 13.
Originally presented: Nov 2016 Bankruptcy Conference
Tara Twomey,
National Consumer Bankruptcy Rights Center - CA
Hon. Eugene R. Wedoff,
U.S. Bankruptcy Court, Northern District of Illinois - Chicago, IL