NACBA's 34th Annual Convention

Bankruptcy attorneys avoid private student loan adversaries not because they’re unwinnable, but because the work feels unpredictable and lacks the standardized frameworks that exist for federal student loan litigation. 
This session shows how to turn private student loan discharge cases into efficient, repeatable, and profitable matters by pre-packaging the case before the complaint is ever filed. 
Attendees will learn how to structure intake, documentation, fact-presentation, and settlement posture in a way that addresses Brunner objections up front, makes opposing counsel’s job easier, and creates a clear runway to resolution. 
The session also briefly explores how to spot PSL adversary opportunities in prior client files, including reopening cases under Rule 4007(b) when appropriate.
Attorneys will leave with a workflow they can implement immediately, including a realistic time-commitment model and pricing considerations.

As technology, digital income streams, and nontraditional property interests expand, consumer bankruptcy attorneys are increasingly confronted with assets that can’t be easily appraised, touched, or sold — yet may have real value to the estate.
This session, presented in collaboration with NCLC, explores the growing challenge of identifying and valuing intangible assets in bankruptcy practice. From small business goodwill to digital accounts, intellectual property, NFTs, and online income, panelists will discuss how to determine what’s property of the estate, when expert valuation is warranted, and how to navigate disputes over worth and exemption.
Key topics include:

• Recognizing intangible assets during intake and disclosure.
• Practical approaches to valuation — when to engage an expert and what metrics to use.
• How trustees, creditors, and debtors view “soft assets” differently.
• Case law and trends shaping valuation disputes in consumer cases.
• Ethical considerations when assets have speculative or fluctuating value.

Participants will leave with a deeper understanding of how to spot, value, and defend intangible assets in today’s evolving consumer landscape.