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Who should attend Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005
This one-day seminar is designed for attorneys, paralegals and other legal staff, presidents, vice presidents, credit and collection managers, lending and loan officers and accountants.
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Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005  

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This one-day seminar is designed for attorneys, paralegals and other legal staff, presidents, vice presidents, credit and collection managers, lending and loan officers and accountants.

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Seminar Summary:

This seminar will involve a comprehensive discussion of bankruptcy and strategies that can be employed in representation of both creditors and consumer debtors. (see full course description)

 
 

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Training Course Syllabus:


This seminar involves a comprehensive discussion of bankruptcy and strategies that can be employed in representation of both creditors and consumer debtors.

Seminar highlights:

  • Fundamentals of Chapter 7, including changes under the new bankruptcy law
  • Property of the Estate and Exemptions, including changes under the new bankruptcy law
  • Avoidance actions, including changes under the new bankruptcy law
  • Fundamentals of Chapter 11, including changes under the new bankruptcy law
  • Fundamentals of Chapter 13, including changes under the new bankruptcy law
  • Creditors remedies in Chapter 7, 11, and 13 cases: maximizing your recovery
  • Tax considerations and pension plans in bankruptcy cases, including changes under the new bankruptcy law
  • Ethical issues, including changes under the new bankruptcy law

9:00 a.m. - 9:20 a.m.

I. Fundamentals Of Starting Any Bankruptcy Case, Including Changes Under The New Bankruptcy Law

A. Eligibility For Filing Under Various Chapters

1. Changes To Priority Rules

2. Other Eligibility Concerns Imposed By The Bankruptcy Law

3. Serial Filings (No 'Chapter 20' Under The New Bankruptcy Law)

B. Basic Rights And Duties Of Debtor

C. New Attorney's Certification Requirements

D. What Constitutes Property Of The Estate

9:20 a.m. - 9:40 a.m.

II. Exemptions And Discharge Under The New Bankruptcy Law

A. What Exemptions Are Available Under The New Bankruptcy Law

B. Dischargeability Of Debts, Including Limitations Under The New Bankruptcy Law

9:40 a.m. - 10:10 a.m.

III. Special Considerations For Chapter 7 Debtors Under The New Bankruptcy Law

A. New Standards For 'Substantial Abuse'

B. Statement Of Intention

C. Counseling And Means Testing

10:10 a.m. - 10:45 a.m.

IV. Creditor's Remedies In Chapter 7 Cases: How To Maximize Your Recovery Under The New Bankruptcy Law

A. Election Of Trustee

B. Timely Proofs Of Claim

C. Objections To Claimed Exemptions

D. Non-Dischargeable Debts

E. Objections To Discharge

F. Relief From The Automatic Stay

G. Reaffirmation Agreements

10:45 a.m. - 11:00 a.m.

Break

11:00 a.m. - 11:45 a.m.

V. Fundamentals Of Chapter 13, Including Changes Under The New Bankruptcy Law

A. Income

B. Expenses

C. Disposable Income

D. The Chapter 13 Plan

E. Treatment Of Secured Creditors

1. Surrender Of Collateral

2. Payment Outside The Plan

3. Treatment Of Mortgages

11:45 a.m. - 12:30 p.m.

VI. Creditor's Remedies In Chapter 13 Cases: How To Maximize Your Recovery Under The New Bankruptcy Law

A. Timely Proofs Of Claim

B. Raising Objections On Behalf Of Unsecured Creditors, Including Common Objections

C. Treatment Of Secured Creditors And Lien Stripping Under The New Bankruptcy Law

D. Valuation Of Collateral

E. Motions To Dismiss Or Convert

F. Objections To Confirmation

1. Discrimination

2. Best Interests

3. Good Faith

12:30 p.m. - 1:30 p.m.

Lunch (On Your Own)

1:30 p.m. - 2:00 p.m.

VII. Ethical Issues Under The New Bankruptcy Law

A. Representing Debtors

B. Representing Creditors

C. Verification Of Attorneys

2:00 p.m. - 2:30 p.m.

VIII. Avoidance Actions Under The New Bankruptcy Law

A. Preference Actions

B. Fraudulent Conveyance Actions

2:30 p.m. - 2:45 p.m.

Break

2:45 p.m. - 3:15 p.m.

IX. Fundamentals Of Chapter 11, Incorporating Changes Under The New Bankruptcy Law

A. The Debtor In Possession

B. Role Of The United States Trustee

C. Executory Contracts And Unexpired Leases

D. Single Asset Real Estate Debtor

E. Small Business Debtor

F. Disclosure Statement

G. Plan Or Reorganization

H. Reclamation

3:15 p.m. - 3:45 p.m.

X. Creditor's Remedies In Chapter 11 Cases: How To Maximize Your Recovery Under The New Bankruptcy Law

A. Appointment Of Trustee Or Examiner

B. Role Of Creditors Committee

C. Objections To Confirmation

D. Absolute Priority Rule

3:45 p.m. - 4:30 p.m.

XI. Tax Considerations And Pension Plan Considerations In Bankruptcy Cases, Incorporating Changes Under The New Bankruptcy Law

Seminar Summary:

This seminar will involve a comprehensive discussion of bankruptcy and strategies that can be employed in representation of both creditors and consumer debtors. (see full course description)

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