Current Developments and Tricky Issues on the Horizon

I’ve noticed some issues brewing in this and other jurisdictions that practitioners need to be aware of. For example:

  • Can a creditor now refuse to turn over to the chapter 13 debtor a car that was repossessed prepetition? Does the debtor have to file an adversary proceeding in order to recover the car? What about the recovery of prepetition garnishments that the debtor can exempt?
  • If a case converts from chapter 13 to chapter 7 and the debtor’s house has appreciated in value during the pendency of the chapter 13 case, can the chapter 7 trustee sell the house to get that additional equity?
  • Is it ethical and acceptable for a local bankruptcy attorney to be affiliated with a “national” law firm? What about the prohibition against sharing compensation?
  • Can a “foreclosure rescue” scheme (like a sale/leaseback) be avoided as a fraudulent conveyance?
  • What hoops does a debtor have to go through at the beginning of the case if they want to stay in their leased residence? What options does a landlord have when a tenant files bankruptcy?
  • How can debtors’ attorneys get paid in chapter 7 cases? If an attorney files a fee application in a chapter 13 case, what does the court look at in reviewing the application?
  • Does a creditor need to get relief from stay or other court approval in order to modify the debtor’s mortgage during a bankruptcy case?
  • How do you determine whether joint debtors are under the debt limits for chapter 13 eligibility?
  • What options are available to help debtors manage their student loan debts? Does a chapter 13 plan need to include special language if the debtor wants to stay in or start an income based repayment plan?

These are just some of the issues that will be discussed at the UK Consumer Bankruptcy Law Conference on June 9-10, 2022 in Lexington. 

Consumer bankruptcy practitioners (whether you represent debtors or creditors):  you need to attend this important seminar.  The registration fee is $375.  Attendance by Zoom is available.   

If you have already met your Kentucky CLE requirements for 2022, you can carry forward excess credits to next year.  See Ky. SCR 3.645(3).   

Here is the brochure and registration form.  Advance registration is recommended.  For more information, contact the UK College of Law Office of Continuing Legal Education.  

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