'No Need To Drown In A Sea Of Debts.'SM Bankruptcy filings are again on the rise in the United States. With this increase of filings, attorneys, lawmakers and credit professionals need a strong foundation and understanding on how to deal with the many changes and stay abreast the current developments and the latest information on the issues affecting bankruptcy procedures.
This seminar involves a comprehensive discussion of bankruptcy litigation and strategies that can be employed in representation of the various interested parties (creditors, debtors and trustees).
You will come away with insight and understanding on how to manage and how to stay on top of current developments
- General overview of the distinctions between motions practice and adversary proceedings
- Fraudulent conveyance/preferences: analyzing payees exposure
- When the nature of the creditors claim may provide a lever, and how to use it
- When the conduct of a creditor may give the debtor a club, and how to wield it
- Situations where the mere filing of a bankruptcy is not the end of the controversy
8:30 a.m. - 9:15 a.m.
I. General Issues In Bankruptcy Litigation
A. Distinctions Between Relief Available Under The Code For Debtors
1. Chapter 7 'Straight' Liquidation
2. Chapter 13 Individual/Consumer Rehabilitation
3. Chapter 12 Family Farmer Reorganization
4. Chapter 11 'Business' Reorganization Or Liquidation
5. Chapter 9 Adjustment Of Debts Of A Municipality
B. Electronic Court Filing Issues
1. Registration As An ECF Filer And The Consequences Of 'Paper' Filing Without Authorization
2. General Electronic Court Filing Procedures And Issues
C. Contested Matter vs. Adversary Proceeding
1. General Distinction (Including 'Application' v. 'Motion' v. 'Complaint')
2. Contested Matters Under Bankruptcy Rule 9014
3. Adversary Proceedings Under Rule 7001
4. Consolidation Of Contested Matters And Adversary Proceedings
D. Procedures And Scheduling
9:15 a.m. - 10:15 a.m.
II. Litigation Issues In Chapter 11 Cases
A. Relief From Stay, Adequate Protection And Cash Collateral Issues
B. Executory Contract Litigation Under Code §365
C. Disclosure Statement And Confirmation Litigation
1. Exclusivity Issues
2. Disclosure Statement Litigation
3. Confirmation Litigation
D. Claim And Administrative Expense Issues
E. Conversion Or Dismissal Under Code §1112
10:15 a.m. - 10:25 a.m.
10:25 a.m. - 11:00 a.m.
III. Mortgage And Lien Avoidance
A. By Debtor
B. By Trustee
1. Statutory Liens §545
2. Preference §547
3. Fraudulent Transfer §548, ORC Provisions
11:00 a.m. - 11:30 a.m.
IV. Fraudulent Conveyances
A. Code §548
B. Ohio Revised Code Chapter 1336
11:30 a.m. - 12:00 p.m.
V. Strategy And Valuation Issues In Consumer
Chapter 7 And 13 Cases
A. Chapter 7 Cases
B. Chapter 13 Cases
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:30 p.m.
VI. Litigation Matters In Consumer Cases
A. Exemptions, Reaffirmations And Redemption
B. Issues Involving Domestic Relations Cases
1. Stay And Relief From Stay Issues
2. Dischargeability Issues Under Code §§523(a)(5) And (a)(15)
C. Proof Of Claim Issues
D. Chapter 13 Debtor Exercise Of Trustee Powers
E. Litigation Involving Dischargeability Of Student Loans
F. Conversion And Dismissal Under Code §§706 And 707
G. Implications And Consequences Of The Fair Debt Collection Practices Act And Of The Fair Credit Reporting Act
2:30 p.m. - 2:40 p.m.
2:40 p.m. - 3:30 p.m.
VII. Preference Litigation Under Code §547
A. Trustee's/Debtor's Prima Facie Case
B. Statutory Defenses
1. Contemporaneous Exchange 11 USC §547 (c)(1)
2. Ordinary Course Of Business 11 USC §547 (c)(2)
3. Security Interest Securing New Value 11 USC §547 (c)(3)
4. Subsequent New Value 11 USC §547 (c)(4)
5. Floating Liens On Inventory And The Like 11 USC §547 (c)(5)
6. Mechanic's And Other Statutory Liens 11 USC §§547(c)(6) And 545
7. Alimony And Child Support 11 USC §547 (c)(7)
8. Deminimus Transfers 11 USC §547 (c)(8)
3:30 p.m. - 4:30 p.m.
VIII. Discharge And Dischargeability Litigation
A. What Is A Discharge Under The Bankruptcy Code?
B. Discharge Proceedings Under Code §727 And Rules 4004-4006
C. Dischargeability Proceedings Under Code §523 And Rule 4007