Available for on-site presentation only at this time.
With the downturn in the economy over the past year and the increased filing of individual and corporate bankruptcies, this seminar will benefit new lawyers and experienced lawyers looking to start a bankruptcy practice and those lawyers looking to expand their already existing bankruptcy practices. Credit managers and lending officers will also benefit from this seminar.
- Successful resolution of real estate title issues in a bankruptcy case
- Consumer law update: critical issues analyzed from the debtor and creditor view
- The 'do's and don'ts' of conveyancing in a bankruptcy
- How the Connecticut standards of title can help solve your problems
9:00 a.m. - 10:30 a.m.
I. Overview Of Bankruptcy Law
A. General Outline Of The Bankruptcy Code
1. Chapter 7
2. Chapter 11
3. Chapter 13
4. Chapters 9 And 12 'Important, But Seldom Used'
5. Property Of The Estate
B. Classification Of Claims
1. Creditors Secured And Unsecured
2. Interests (Equity)
3. Contingent, Unliquidated, Unmatured
4. Pre-Petition, Post-Petition
C. The Discharge in Bankruptcy
1. Who Gets A Discharge?
2. The Permanent Injunction
3. When Does A 'Discharge' Happen?
4. Objections To Discharge And Dischargeability
5. Revocation Of Discharge
6. Reaffirmation Of Debt
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 12:15 p.m.
II. Title To Real Property And Conveyancing In
A Bankruptcy Context
A. The Connecticut 'Standards Of Title'
1. What Are 'Standards Of Title' And How Can They Help?
2. What Is The Legal Effect Or Purpose Of Standards Of Title'?
3. How Are The Standards Promulgated?
4. Chapter XXVII Of The Connecticut Standards Bankruptcy; A Survey Of Specific Standards Of Title And How They May Be Used By The Bankruptcy And Real Estate Practitioner
B. Sale Of Real Property In A Bankruptcy Proceeding
1. Where Is 'Title' To Real Property After A Bankruptcy Filing?
2. Sales Subject To Liens And Interests
3. Sales Free And Clear Of Liens And Interests
4. Specific Issues Relevant To Chapter 7, Chapter 11 And Chapter 13 Cases
C. The Effect Of Abandonment Of Real Property
1. The Requirements For Abandonment
2. Where Is Title To The Property
3. Foreclosure Of Property That Has Been Abandoned
D. What Becomes Of Real Property That Has Not Been 'Scheduled'?
1. The Importance Of 'Property Of The Estate' Scheduled Or Not
2. Amending Schedules
3. Title To 'Non-Administered' Real Property
4. The Lingering Possibility That The Case Will Be Re-Opened To 'Administer' The Omitted Property
E. Special Considerations Concerning Involuntary Petitions
1. The Effect Of The Automatic Stay And The Ability Of The Alleged Debtor To Convey Real Property
2. Fraudulent Conveyances And Preferential Transfers During The Involuntary Gap Period
F. Post-Petition Transfers Absent Notice Or Court Order
1. The Protections Afforded To Good Faith Purchasers For Fair Value, Or Without Fair Value
2. No Protection For The 'Non-Good Faith' Purchaser
3. The Effect Of Recordation Of A Notice Of Bankruptcy On The Land Records
4. Is There A Limitation Period For Concerns Regarding Title?
G. Discharge, Lien Avoidance And Conveyance Of Real Property
1. 'Discharge' Alone Does Not Avoid Liens That Impair Exemptions
2. How Should An Avoided Lien Be Noted On The Land Records and What Can Be Done If It Is Not So Noted?
H. Some Buyer's Concerns When Purchasing Property That Has Been Involved In A Bankruptcy
1. Has There Been A Potential 'Fraudulent Conveyance' Or 'Preferential Transfer In The Chain Of Title?
2. Is There A Limitation Period After Which The Title Cannot Be 'Contested'?
3. What Is The Effect Of The Dismissal Of A Case On A Prior Avoidance Order?
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 2:55 p.m.
III. Chapter 13: The Creditor's View
A. Proofs Of Claim; Recovering Attorney's Fees And Costs
B. Motions For Relief And Contested Matters Practice Pointers On The Local Rules, Published And Unpublished
C. Bad Faith Filings And Substantial Abuse: Creditor Remedies And The Evolving View Of The United States Trustee On The Issue Of Debtor Substantial Abuse
2:55 p.m. - 3:10 p.m.
3:10 p.m. - 4:30 p.m.
IV. Consumer Law Update; Hot Topics In The
Consumer Bankruptcy World