- Learn what bankers and secured lenders need to know about the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
- Increase awareness of initial default strategies and workout techniques
- Learn the basic rules governing a secured lender's repossession and foreclosure of personal property under revised Article 9 of the Uniform Commercial Code
- Learn the basic rules governing the appointment of receivers and the foreclosure of real estate
- Review the major issues facing secured lenders in bankruptcy proceedings, including issues relating to the automatic stay, relief from the automatic stay, reaffirmation and lien avoidance
- Learn the basic exemption and related rules which shield the debtor's assets from creditor claims
8:30 a.m. - 9:30 a.m.
I. Overview Of The Major New Amendments To The Bankruptcy Code
A. New Rules Requiring Means Testing, Which Will Require More Debtors To File Chapter 13 Repayment Plans
B. New Rules Requiring Debtors To Either Redeem Collateral, Surrender Collateral Or Reaffirm Debt
C. New Rules Regarding Reaffirmation Requirements
D. New Rules Regarding Lien Stripping And Collateral Valuation
E. New Rules Regarding The Automatic Stay
F. New Rules Protecting Secured Lenders From Lien Avoidance
G. New Rules Limiting The Availability Of Homestead Exemptions
H. New Rules Requiring Creditors To Negotiate Reasonable Alternative Repayment Plans
I. New Rules Protecting Secured Lenders From Turnover Requirements With Respect To Repossessed Collateral
J. New Rules Regarding Heightened Accountability For Debtors And Their Counsel
K. New Rules Providing For Additional Debtor Protections
9:30 a.m. - 9:40 a.m.
9:40 a.m. - 11:10 a.m.
II. Discussion Of Bankruptcy Basics
11:10 a.m. - 11:40 a.m.
III. Discussion Of The Basics Of Chapter 7 (Liquidation) And Chapter 11
11:40 a.m. - 12:40 p.m.
Lunch (On Your Own)
12:40 p.m. - 1:30 p.m.
IV. Discussion Of The Basics Of Chapter 13 (Individual Wage Earner Plans)
A. Mortgage Restructuring
B. Auto Debt
1:30 p.m. - 2:15 p.m.
V. Basics Of Banking Litigation
2:15 p.m. - 2:25 p.m.
2:25 p.m. - 3:05 p.m.
VI. Discussion Of Initial Considerations On Default And Basic Workout Issues And
3:05 p.m. - 3:40 p.m.
VII. Discussion Of Repossession And Foreclosure Of Personal Property Under
Revised Article 9 Of The Uniform Commercial Code
3:40 p.m. - 4:30 p.m.
VIII. Discussion Of Real Estate Foreclosure And Receivership Basics