This seminar involves a comprehensive discussion of bankruptcy, including Chapter 7 and Chapter 13, from both creditor and debtor perspectives.
Also, the Bankruptcy Court clerk will walk you through Electronic Case Filing and how to utilize ECF to your advantage.
- Debtor's perspective in Chapter 7 cases
- Creditors' remedies in Chapter 7 cases
- Tax debt? Foreclosure? Look at Chapter 13!
- Creditor's remedies in Chapter 13 cases: how to maximize your recovery
8:30 a.m. - 10:05 a.m.
I. Debtor's Perspective In Chapter 7
A. Procedure Overview Of Chapter 7
B. Property Of Estate What Can The Debtor Keep?
1. What Constitutes Property Of The Estate?
3. Lien Avoidance?
C. Claims What Can The Debtor Get Rid Of?
1. What Constitutes A Claim?
2. Nondischargeability Claims Pratfalls And Pitfalls?
3. Reaffirmations, Redemptions, Surrender, etc.
D. Litigation Exposure
2. Fraudulent Transfers
3. Bad Behavior
E. Substantial Abuse?
F. Chapter 7 vs. Filing Chapter 13?
10:05 a.m. - 10:15 a.m.
10:15 a.m. - 11:45 a.m.
II. Creditors' Remedies In Chapter 7
A. Initial Issues For Creditors
1. The Automatic Stay
2. The First Meeting Of Creditors
B. Options To Maximize Potential Recovery
1. Classification Of Claims
2. Filing A Proof Of Claim
4. Relief From Stay
5. Nondischargeability And Discharge Objections
C. Litigation Risks Facing Creditors
1. Preference Liability And Litigation
2. Fraudulent Transfers
11:45 a.m. - 12:45 p.m.
Lunch (On Your Own)
12:45 p.m. - 1:45 p.m.
III. Tax Debt? Foreclosure? Look At
A. When Chapter 13 Is Preferable To Chapter 7
B. Who Qualifies For Chapter 13
C. Modification Of Secured Debt In A Chapter 13
D. The Superdischarge Of Chapter 13
E. Discharge Of Federal Taxes
F. Small Businesses: Chapter 13 Or Chapter 7?
1:45 p.m. - 2:30 p.m.
IV. Creditor's Remedies In Chapter
13 Cases: How To Maximize Your
A. Timely Proofs Of Claim
B. Raising Objections On Behalf Of Unsecured Creditors
C. Treatment Of Secured Creditors
D. Valuation Of Collateral
E. Motions To Dismiss Or Convert
F. Relief From Stay
G. Objections To Confirmation
2. Best Interests
3. Good Faith
2:30 p.m. - 2:40 p.m.
2:40 p.m. - 3:30 p.m.
V. Changes Affecting Practice In The
Bankruptcy Court And Clerk's
A. Overview Of Electronic Filing Requirements
B. How To Maximize Access To Court Information
C. Requesting Transcripts; Digitally Recorded Court Proceedings
D. E-Government Act: Accessing Unpublished Opinions
E. Recent Changes To Court Fees, Forms And Notices
3:30 p.m. - 4:30 p.m.
VI. Recent Developments In