This seminar is designed for attorneys and other legal staff, credit and collection managers and lending officers.
By not participating in a bankruptcy case or ignoring pleadings received from a bankruptcy court, important rights may be lost or, in certain cases, a person or company may be found liable to a bankruptcy estate. Thus, participation in a bankruptcy case is vital to protecting interests. The need or right to participate in bankruptcy cases is controlled by the Bankruptcy Code. Accordingly, the seminar presenters focus on the various Code Sections which are important to understand when participating in bankruptcy cases including how to protect your interests if you have a contract or lease with a debtor, how to seek compensation from a bankruptcy estate for certain actions, what is entailed in prosecuting or defending avoidance actions including preferential transfers and fraudulent conveyance actions, how a debtor’s discharge may affect debt and how to challenge that discharge, what it means when a trustee abandons assets, what the automatic stay entails and how to seek relief or annulment of the stay, how to reaffirm debt in bankruptcy, how to participate effectively in a debtor’s estate including the plan process, and how to deal with other litigation that may be initiated by a debtor’s estate. In addition, the panel of presenters will discuss ethical issues which arise in a bankruptcy case.
9:00 a.m. - 10:00 a.m.
I. Creditor Issues Under Chapter 3 Of The Bankruptcy Code
A. Section 303: Should A Creditor Commence An Involuntary Bankruptcy Case To Collect A Debt?
B. Sections 327 To 331: Can A Creditor Receive Compensation From The Estate For Its Bankruptcy Fees And Costs?
C. Sections 341 To 343: Should A Creditor Attend The Initial Meeting Of Creditors?
D. Sections 361 And 362: What Actions Does The Automatic Stay Prohibit, And Should A Creditor Seek Relief From Stay?
E. Section 365: Can Executory Contracts And Unexpired Leases Give Creditors Added Leverage In A Bankruptcy Case?
F. Section 366: What Special Protections And Burdens Exist For Creditors That Are “Utilities”?
10:00 a.m. - 11:00 a.m.
II. Dischargeability, Reaffirmation, Abandonment, Setoff And Use Of Assets
A. Preventing Claims From Being Discharged In Bankruptcy Proceedings
B. The “Dos” And “Don’ts” Of Reaffirmation Agreements
C. Non-Recourse Liens That Follow The Collateral After Bankruptcy
D. Abandonment Of Property From The Estate
E. Setoff And Recoupment
F. The Nuts And Bolts Of Cash Collateral
G. Use, Sale And Lease Of Property By A Debtor Or Trustee
11:00 a.m. - 11:15 a.m.
11:15 a.m. - 12:15 p.m.
III. Bankruptcy Litigation (Part One)
A. What Constitutes Property Of A Debtor’s Estate?
B. Suits Related To Turnover Of Property
C. Reclamation In Bankruptcy
D. The Limits That Exist On Avoiding Powers – What Defenses Exist?
E. Lawsuits Involving Preferential Transfers –Preventive Care And Defending Your Money
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 2:15 p.m.
III. Bankruptcy Litigation (Part Two)
F. Section 544 – Standing In The Shoes Of An Intervening Lien Creditor, Bona Fide Purchaser Of Real Estate, And As An Unsecured Creditor Avoiding A Transaction Under State Law, Or, Who Was That Masked Man?
G. Section 548 – Avoiding Fraudulent Transfers, Or, What Are Insolvency And Reasonably Equivalent Value Anyway?
H. Section 549 – Avoiding Unauthorized Postpetition Transfers, Or, The Debtor Did What?
I. Section 550 – Recovering Avoided Transfers Or Their Value. Okay, I’ve Avoided That Transaction, So, How Do I Get It Back?
J. Section 551 – Using An Avoided Transfer For The Benefit Of The Estate, Or, I Want To Be The Secured Creditor Now.
K. Section 552 – The Termination Of Certain Security Interests After The Petition, Or, Say What? Where Did My After-Acquired Property Clause Go? Or Did It?
2:15 p.m. - 3:15 p.m.
IV. Confirmation Issues In Chapter 11 And Chapter 13
A. Disclosure Statement And Solicitation Of Votes
B. Plan Formation, Negotiations And Filing
C. Plan Contents
D. Voting Requirements And Conditions
E. Objections To Plans
F. Confirmation Hearing
G. Secured Claim Valuation, Treatment And Elections
H. “Good Faith” Requirements
I. “Best Interests” Test And Feasibility
J. “Cram-Down” And Confirmation Over Dissenting Classes
3:15 p.m. - 3:30 p.m.
3:30 p.m. - 4:30 p.m.
V. Panel Discussion On Ethics