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Who should attend The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005: Its Implications For Chaper 7 And Chapter 13 Practice In The Southern District Of Iowa
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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The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005: Its Implications For Chaper 7 And Chapter 13 Practice In The Southern District Of Iowa  

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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 provide, in a panel format, review and discussions on those changes that affect all bankruptcy chapters, with emphasis on consumer practice under Chapters 7 and 13. (see full course description)

 
 

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Training Course Syllabus:


Now that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 has become public law, there will be significant and fundamental changes to all aspects of how bankruptcy law will be practiced before the U.S. Bankruptcy Court for the Southern District of Iowa and all bankruptcy courts. Not since 1987 has there been such wide-ranging changes to both the Bankruptcy Code and to the practices of all bankruptcy attorneys. This seminar will provide, in a panel format, review and discussions on those changes that affect all bankruptcy chapters, with emphasis on consumer practice under Chapters 7 and 13. This seminar will provide input from the perspective of debtor's counsel, creditor's counsel, trustee's counsel and views from behind the bench. All bankruptcy attorneys, their staff, credit managers and lending officers will benefit from this seminar.

Seminar highlights:

  • Impacts of the new law on debtors and the debtor's bar
  • Impacts of the new law on creditors and the creditor's bar
  • What the trustees will be looking for
  • How are these changes likely to impact practice before the bankruptcy courts

8:30 a.m. - 12:00 p.m. (Break 10:15 a.m. - 10:30 a.m.)

I. Changes Affecting Cases Under Chapters 7 And 13

A. Limiting Definition Of Household Goods

B. Extended Time Between Discharges

C. Avoidance Of Transfers To Asset Protection Trusts

D. Production Of Tax Returns And Other Documents

E. Audits

F. Exclusions From Estate Property

G. Credit Counselling And Debtor Education

H. Automatic Stay

I. Dischargeability

J. Two-Year Residency Requirement For State Exemption Law

K. Limits On Homestead Exemptions

L. Bankruptcy Appeals

M. Effective Date

II. Changes Affecting Cases Under Chapter 7

A. New 707(b) – Means Testing

B. Redemption

C. Trustee Compensation

D. Support Priority And Dischargeability Of Property Settlements

E. Non-Subordination Of Property Tax Liens To Family Support Claims

F. Reaffirmations

G. Ride-Through

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 4:30 p.m. (Break 2:20 p.m. - 2:35 p.m.)

III. Changes Affecting Cases Under Chapter 13

A. Plan Length

B. Disposable Income

C. Secured Claims

D. Timing On Confirmation Hearing

E. Filing Requirements During The Case

F. Treatment Of Loans From Pension And Profit-Sharing Plans

G. Treatment Of Support Obligations

H. Discharge

IV. Changes Affecting Bankruptcy Practitioners – Ethics

A. Sanctions Against Debtors' Attorneys Under The Means Testing

B. Attorney Certification On Reaffirmation Agreements

C. Debt Relief Agency, Bankruptcy Assistance And Assisted Persons

D. Creditors And Creditors' Attorneys

Seminar Summary:

This seminar will provide, in a panel format, review and discussions on those changes that affect all bankruptcy chapters, with emphasis on consumer practice under Chapters 7 and 13. (see full course description)

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