New York (NY) Consumer Law CLE Course Catalog

Consumer financial service regulators have been actively expanding their reach and authority over financial institutions, nonbank partners, and service providers over an increasing number of business practices. Since much of this expansion is accomplished without formal rulemaking, it is important for financial service companies to stay on top of the informal agency guidance and actions. We will discuss the latest regulatory trends and developments and what to watch for in 2023 from agencies including the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), and Office of the Comptroller of the Currency (OCC). We will also discuss notable enforcement actions and litigation in these regulatory areas.

Class actions remain at the forefront of in-house counsel’s concerns and top legal spend. In this program, highly recognized practitioners in class action litigation Joseph A. Apatov (McGlinchey Stafford PLLC) and Bethany G. Lukitsch (BakerHostetler) will discuss the significant and latest issues surrounding consumer class actions. Speakers will also provide the audience with practical strategies to mitigate class action risks.

The panel enacts three hypotheticals involving repeat filer/debtor Harry, his not-quite-blue-stocking creditor Lloyd of Lloyd’s Auto Lot, and the chapter 7 and chapter 13 trustees, Dusty and Rusty. The legal issues presented will concern the “expiring stay” for repeat filers, redemption of repossessed vehicles, a discharge violation question involving refusal to release the car lien/title, and the attendant procedural and costs questions for each. Ripe Potatoes rates this a “must see”!

Join this session for a discussion on plan vs. statutory impairment (Ultra, PG&E), treatment of third-party releases/plan proponents (Millennium (3d Cir.), SunEdison and other recent S.D.N.Y./Del. Decisions; Emerge and Cloud Peak (Del.)), and classification (Novinda (10th Cir. BAP, litigation claims against a creditor justifies separate classification from other unsecureds)). Should all similarly situated creditors have the right to participate in rights offerings, financings, etc. (PacDrilling, Peabody)? The panelists will also discuss feasibility in light of the return of debtors to bankruptcy (including in the energy and retail space). Are reorganizations being rubber-stamped too easily?

Join Bill Rochelle as he hosts a panel of bankruptcy judges to discuss circuit splits on important bankruptcy issues. This panel will feature a fun game-show format where judges will vote to resolve the issues before they reach the U.S. Supreme Court.

Before the DIP-financing or cash-collateral negotiation begins, there are a number of ways you can help your cash-strapped debtor raise cash. This session will share valuable tips for what you can do before reaching out to your client's lender, and how you can help fund a debtor from the first call until a sale or plan confirmation.

This session will outline the top 10 consumer issues any bankruptcy or other attorney practicing consumer law needs to know.

Creditors’ committees are integral to the success of chapter 11 cases. This panel will discuss what it takes to maximize results for unsecured creditors in today’s chapter 11 cases, including how to deal with the different interests of the creditors who sit on creditors’ committees.

This panel will compare Sen. Elizabeth Warren’s bill with the ABI Consumer Commission’s Final Report, released in 2019, and will address consumer bankruptcy legislation that could be introduced this spring.