This informative session will examine the importance of bankruptcy reform, in both a Chapter 7 and Chapter 11 context, and the impact of current economic and industry factors on its practical application.
Participants will learn how bankruptcy administration was viewed not only by the lawmakers and court agents, but by debtors who were required to abide by the rules and regulations governing the process. They will also learn how the practical application of certain procedures could be impacted today and how to prepare for those challenges.
Business
Suggested Speakers
In February 2024, I proposed a motor vehicle exemption for the State of South Dakota, which was ultimately killed in the senate judiciary. Part of my preparation for the proposal to the senate was to justify a $5,000 exemption in our state. This led me to questions of why motor vehicles matter in bankruptcy/levy process, and extensive research on WHY they matter for each and every state to allow debtors to protect at least one vehicle. This is an important topic because of the significant role of vehicles in American culture, as well as agricultural communities like us in the midwest. Stale exemption laws lead to outdated laws, and stagnate bankruptcy reform. The longer a state waits to update these laws, the harder they become to pass through even minimal changes in states like South Dakota. I have attached my recent article discussing some of this information from Nortons Annual Survey of Bankruptcy Law.
Participants will learn:
-The history of exemption laws, §522 and the history of the "opt out" provisions.
-Overview on different states' motor vehicle exemption laws, and how those come into play with other relevant exemptions such as tools of the trade exemptions, wildcard exemptions, and agriculture/farming exemptions.
-Gain insight into strategies to keep their state's exemption laws relevant (i.e. are your state's exemption laws current or outdated? How can we stay informed on neighboring states' exemptions?)
-Develop an understanding of why such little information and research exists on motor vehicle exemptions.
-Understand the correlation between home equity and motor vehicle exemptions.
-Participants will learn specific problems with state vs. federal exemption laws (i.e. is the state exemption law better than §522's provisions?).
Consumer