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 Stale exemption laws lead to outdated laws, and stagnate bankruptcy reform.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insight into strategies to keep their state's exemption laws relevant (i.e. are your state's exemption laws current or outdated?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
Employers often receive the wage orders when an employee files for bankruptcy. For the employer, it can be complex and challenging to understand all the various requirements in processing the automatic stay, implementing the wage withholding and sending the payments on to the Trustee's. In this session, you will hear insight, challenges and best practices when processing wage orders from employers and Trustees. Working together and open communication is key to a successful process.
Participants will better understand the challenges employers face in implementing wage orders. The relationship between the trustee and the employer are critical to ensuring the process is accurate and efficient.
Creditor
Suggested Speakers
Corrinne
Flores
corrinne.flores@adp.com
ADP, INC (employer service provider)
Real Estate Property taxes are often a major issue that drives a debtor into chapter 13 and perhaps 7. The various states and municipalities have may different ways to collect the taxes, including the opportunity to sell the taxes to a buyer who can ultimately obtain title to the property for payment of those taxes. This session would be a discussion of common issues faced by debtors, municipalities and courts around the country regarding the payment and collection of these taxes.
Attendees will understand the many ways that real estate property taxes are handled by municipalities and bankruptcy courts.
Attendees will understand the various procedural and legal issues that a debtor much be aware as they attempt to deal with these taxes in their Bankruptcy case.
Consumer
Janet
Baer
janet_baer@ilnb.uscourts.gov
US Bankruptcy Court, ND Il
Review conversions "up and down" from all chapters (e.g., 7 to 11, 12, 13; 13 to 11; vice versa)
Sub V De-designation issues?
Eligibility?
Absolute right to convert?
Grounds for forcing conversion?
Standing to move to convert debtor's case?
Impact of converting?
Deadlines for exemptions?
What is property of the estate in the converted case?
Impact of omitted creditor in case converted to a "no asset" 7 (when, for ex. there were distributions in the 13)
Strategic considerations?
Attorney fees to convert? Disclosure of fees?
Competing motions to dismiss (by debtor) and to convert (by Trustee, for example). How handled? Absolute right to dismiss? Compare chapters
