Materials from Detroit Consumer Bankruptcy Conference
The ABI held the 2nd Detroit Consumer Bankruptcy Conference in Troy, Mich. on November 11, 2008. The conference, co-sponsored by the Detroit Consumer Bankruptcy Association was designed specifically for the consumer practitioner and provided viewpoints from both the debtor and creditor sides. Several local judges gave helpful insight into issues like the means test and chapter 13 plan modifications. Summaries and materials from several of the sessions are listed below.
In the session “Means Test: Its Latest Meaning (or Meanings…),” Judge Eugene R. Wedoff of the U.S. Bankruptcy Court (N.D. Ill.) discussed the latest developments and changes. Please click the link below to review summaries of the sessions and the relevant materials.
Panelists for the session “Chapter 13 Plan Modifications: The Legal Standards and Practical Challenges” discussed the different interpretations of section 1329 of the Bankruptcy Code as it applies to obtaining approval of a post-confirmation plan modification. Judge Philip J. Shefferly, U.S. Bankruptcy Court (E.D. Mich.), moderated the panel, and it included Krispen S. Carroll, a standing Chapter 13 Trustee in Detroit, Sonya Nicole Goll of Weik & Associates in Royal Oak, Mich. and David J. Montera of Trott & Trotts, PC in Farmington Hills, Mich. Please click the link below to view the materials.
In the session “The Only Cramdown Left? Lien Stripping and Valuation,” the panel discussed different interpretations of lien stripping in chapter 7 and chapter 11 cases. Judge Thomas J. Tucker of the U.S. Bankruptcy Court (E.D. Mich.) moderated the panel, which included Charles D. Bullock of Stevenson & Bullock, PLC in Southfield, Mich. and Mark E. Bredow of Potestivo & Associates, P.C. in Rochester Hills, Mich. Please click the link below to view the materials.
In the session “Discharge Violations and Mortgage Claim Issues,” panelists discussed the intricacies of defending a debtor who has been issued a discharge order and has common problems with mortgage creditors after a bankruptcy has been processed. Panelists included James P. Frego of Frego & Brodsky, PLC in Dearborn Heights, Mich. and John Rao of the National Consumer Law Center in Boston. Judge Daniel S. Opperman, U.S. Bankruptcy Court (E.D. Mich.) moderated. Please click on the link below to view the materials.
Discharge Violations and Mortgage Claim Issues
Panelists for the session “Did Marrama Change Anything? Conversion Issues – 7 to 13 and 13 to 7,” discussed the subjectivity of the term “bad faith” and its effect on bankruptcy cases since Marrama. Judge Marcy McIvor, U.S. Bankruptcy Court (E.D. Mich.) moderated the panel which also included David W. Allard of Allard & Fish, PC in Detroit and Michelle Lee Marrs of Marrs & Terry, PLLC in Ann Arbor, Mich. Please click below to view the materials.