This seminar involves a comprehensive discussion of bankruptcy and strategies that can be employed in representation of both creditors and consumer debtors.
- Filing requirements and considerations under Chapters 7, 11 and 13
- Fundamentals of Chapters 7, 11 and 13
- Property of the estate and exemptions
- Avoidance actions
- Protecting creditors' rights (remedies to maximize your recovery) in Chapters 7, 11, and 13
- Tax considerations
- Executory contracts and unexpired leases
- Liquidation under Chapter 7
- Reorganization for businesses and individuals
- Ethical issues
9:00 a.m. - 9:15 a.m.
A. Nuts And Bolts Scope Of Seminar, Focusing On Chapters 7, 11, 13
B. Chapter 7 Or 13 Eligibility
C. Voluntary Petition The Commencement Of Case
9:15 a.m. - 9:45 a.m.
II. Duties Of Debtors And Property Of
A. Basic Rights And Duties Of Debtor
B. 341 Notice And The Meeting Of The Creditors
C. What Constitutes Property Of The Estate
D. Introduction To Bankruptcy Schedules
E. Chapter 7 vs. Chapter 13 vs. Chapter 11
9:45 a.m. - 10:30 a.m.
III. Types Of Creditors And Treatment Of
Creditors In A Chapter 7 Or 13
A. Types Of Claims, Priority, Administrative, Secured, Unsecured
B. Treatment Of Secured Creditors In A Liquidation And In A Reorganization
1. Surrender Of Collateral
2. Payment Outside The Plan
3. Treatment Of Mortgages
C. Lien Stripping Under 522f And 506, Including Pond Motions
D. Distributions To Creditors
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 11:45 a.m.
IV. Protecting The Unsecured And
Secured Creditors In A Bankruptcy
A. Election Of Trustee
B. Timely Proofs Of Claim
C. Objections To Claimed Exemptions
D. Relief From The Automatic Stay (And Litigating A Violation Under §362(h))
E. Discharge: Sections 523 And 727
F. Reaffirmation Agreements And Reclamation Claims
G. Motions To Dismiss Or Convert
H. Objections To Confirmation Of A Chapter 13 Plan
2. Best Interests
3. Good Faith
11:45 a.m. - 12:15 p.m.
V. Avoidance Actions
A. Preference Actions
B. Fraudulent Conveyance Actions
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 1:45 p.m.
VI. Executory Contracts/Unexpired
1:45 p.m. - 2:15 p.m.
VII. Ethical Issues
A. Representing Debtors
B. Representing Creditors
2:15 p.m. - 2:45 p.m.
VIII. Tax Considerations In Bankruptcy
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 3:45 p.m.
IX. How Chapter 11 Bankruptcy Works
A. The Debtor In Possession
B. Role Of The United States Trustee
C. First Day Motions
D. Single Asset Real Estate Debtor
E. Small Business Debtor
F. Disclosure Statement
G. Plan Of Reorganization
H. Sale Of Assets
3:45 p.m. - 4:30 p.m.
X. Protecting The Rights Of Creditors In
Chapter 11 Cases
B. Appointment Of Trustee Or Examiner
C. Role Of Creditors Committee
D. Objections To Confirmation
E. Cramdown And The Absolute Priority Rule