This seminar involves a comprehensive discussion of bankruptcy from the creditor's point of view. This is a unique program that will present pitfalls for the unwary creditor as well as practical tips for creditors who desire to maximize their recovery in bankruptcy cases. It is also a good opportunity to learn how trustees work, both in Chapter 7 and Chapter 13 and how their responsibilities affect creditors.
- What you should know about common bankruptcy issues
- Automatic stay litigation
- Landlord/tenant issues: bankruptcy and beyond
- Judgment liens and garnishments: banktuptcy and beyond
- Foreclosure strategy: beyond bankruptcy
- The attendee will be able to discuss claims in bankruptcy.
- The attendee will be able to identify landlord/tenant issues in bankruptcy.
- The attendee will be able to review judgment liens and garnishments in bankruptcy.
8:30 a.m. - 9:20 a.m.
I. General Overview Of Bankruptcy
A. Chapter 7
B. Chapter 13 And The Plan
C. Chapter 11 And The Plan
9:20 a.m. – 10:10 a.m.
II. What You Should Know About Common Bankruptcy Issues
A. Cash Collateral Order
B. Debtor In Possession Financing
C. Preference Actions
D. Fraudulent Transfer Issues
E. Discharge And Dischargeability
F. Bankruptcy Appeals
10:10 a.m. - 10:20 a.m.
10:20 a.m. - 11:10 a.m.
III. Claims In Bankruptcy
A. Unsecured Claims, Priority Claims, Administrative Claims
1. Who Is Entitled?
2. When To File?
3. Burden Of Proof And Standard
B. Treatment Of Secured Claims In A Chapter 11 Plan
11:10 a.m. - 12:00 p.m.
IV. Automatic Stay Litigation
A. The Extent Of The Protections Of The Automatic Stay Under Bankruptcy Code Section 362 (a)
B. Exceptions To The Automatic Stay Provision Under Section 362 (b)
C. Stay Litigation
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:00 p.m.
V. Landlord/Tenant Issues: Bankruptcy And Beyond
A. Assumption Or Rejection Of The Lease
2:00 p.m. - 2:50 p.m.
VI. Judgment Liens And Garnishments: Bankruptcy And Beyond
A. Avoidance Of Judgment Liens
B. Perfection Of Materialmen's Lien
C. Garnishment As A Preference
2:50 p.m. - 3:00 p.m.
3:00 p.m. - 4:00 p.m.
VII. Foreclosure Strategy: Beyond Bankruptcy
A. Collateral Valuation
B. Non-Judicial Foreclosure
4:00 p.m. - 4:30 p.m.
VIII. Panel Discussion