Stealth Objections to Exemptions – Section 522(o) and (p) (ECB230914-3A)

Thursday, September 14, 2023

2:55 PM to 3:55 PM

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Presented by the Commercial Law and Bankruptcy Section

About the Program

This panel will address developing law on exemption planning and the implications of sections 522 (o) and (p) of the Bankruptcy Code.  The panel will consider the extent to which converting nonexempt assets to exempt assets is permissible—including both effective strategies and potential pitfalls.  The discussion will include issues surrounding retirement contributions, mortgage pay-downs, limits and lookbacks, special assets and trusts, and questions of proof and intent.  The panelists will discuss recent case law impacting exemption planning and exemption disputes with a focus on the Second Circuit.  Finally, the panelists will consider risks and consequences associated with ill-advised and inappropriate efforts to create exempt assets—including denials of exemptions and even threats to discharge.

You Will Learn

  • About effective pre-bankruptcy exemption planning and its challenges and limitations

Who Should Attend

Attorneys interested in consumer bankruptcy law and exemption planning. 

CLE Credit

CT: 1.0 CLE Credits (General)
NY: 1.0 CLE Credits (AOP)

The Connecticut Bar Association/CT Bar Institute is an accredited provider of New York State CLE. This program qualifies for newly admitted and experienced attorneys CLE credits. 

Attorneys seeking NY CLE credit who have been admitted to the New York State Bar for two years or less must attend the live seminar for skills or ethics credit, a fully interactive videoconference, or simultaneous transmission with synchronous interactivity. Diversity, Inclusion and Elimination of Bias CLE credits are only available as non-transitional credits. For further information please see the NYCourts.gov page on CLE: http://ww2.nycourts.gov/attorneys/cle/index.shtml.

Speakers

Patrick Linsey1 Patrick R. Linsey
Neubert Pepe & Monteith PC, New Haven

Bonnie Mangan1 Bonnie C. Mangan
Law Office of Bonnie C. Mangan PC, South Windsor

JSternberg1 Jenna N. Sternberg
Glastonbury