This seminar is specifically designed for litigation attorneys and transactional attorneys. We will not teach you how to practice bankruptcy law. Instead, we will address the myriad number of ways that bankruptcy law impacts your practice everyday. The impact might be positive or it might be negative. But, if you don't know what it is, the consequences could be grave. The number of bankruptcy filings continues to increase almost every year, reaching a total of 1,660,245 for the calendar year 2003. So, the chance that you, as a non-bankruptcy lawyer, will encounter a bankruptcy continues to increase every year.
- How the impact of each bankruptcy chapter differs
- Why due process considerations differ from ordinary civil litigation
- When the automatic stay affects you in ways you don't realize
- What you need to consider when a party in litigation files bankruptcy
- How a bankruptcy filing affects the landlord and the tenant
- What to do if a bankruptcy trustee sues your client
- When a bankruptcy may not discharge your client's debt
- How res judicata, collateral estoppel and judicial estoppel may benefit you or harm you
- How to approach your litigation and potential settlement differently if you think the other party or your client may file bankruptcy
9:00 a.m. - 10:00 a.m.
A. Property Of The Estate; Exempt Property
B. Chapter 7
C. Chapter 11
D. Chapter 13
10:00 a.m. - 10:30 a.m.
II. Due Process
A. Notice vs. Knowledge
B. Global Effect (In Rem vs. In Personam)
C. Other Jurisdictional Considerations
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 11:15 a.m.
III. Automatic Stay And Litigation
2. Differences Compared To Discharge Injunction
B. Indirect Violation
C. Non-Debtor Defendants
11:15 a.m. - 12:00 p.m.
IV. Litigating After The
Bankruptcy Is Filed
A. Forum Considerations
4. Jury Trial Issues
B. Strategic Considerations
C. Claims Standing – Does The Bankruptcy Estate Own Your Claim Now?
D. Insured Claims
E. Tolling Provisions In The Bankruptcy Code
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 1:45 p.m.
V. Avoiding Powers
B. Fraudulent Conveyances
C. State Law Rights Of A Trustee
D. Liability Of A Transferee
1:45 p.m. - 2:15 p.m.
VI. Landlord Issues
A. Payment Of Rent Post-Petition
B. Assumption And Assignment Of Leases
C. Letters Of Credit/Security Deposits
D. Cap On Rejection Claim
2:15 p.m. - 2:45 p.m.
A. Preventing A Discharge
B. Non-Dischargeable Debts
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 3:45 p.m.
VIII. Res Judicata
A. Effect Of Plan Confirmation
B. Allowance Of Claims
C. Default Judgments/Arbitration Awards
D. State vs. Federal Law
3:45 p.m. - 4:30 p.m.
IX. Litigating In The Shadow Of
A. Provisional Remedies To Enhance Position
B. Exploring Financial Condition
C. Foreshadowing Dischargeability Litigation
D. Settlement Considerations
1. Archer v. Warner a. Previous Law b. Archer Decision c. Potential Avenues For Future Litigation 2. Drafting Suggestions