Confidently Handle Complex Consumer Bankruptcy Cases
Keep the cases you would normally refer! This beyond-the-basics course is your chance to spend the day with veteran practitioners walking through complicated bankruptcy scenarios and discussing how to handle them. This practical approach will give you the knowledge necessary to work through a cascade of interacting issues and correctly file these tricky cases. And you'll have ample time to ask questions on the unique difficulties of your cases. Register today!
- Learn how to handle complications that casual bankruptcy practitioners may be overwhelmed by, so you can effectively advise clients and take referrals on complex cases.
- Confidently file bankruptcies involving cross-collateralization, multiple and varied assets, dischargeability issues and other challenges.
- Understand how various factors interact dangerously to create timing and schedule issues.
- Discuss real-life case studies with fact patterns, so you not only know how the law applies but are also prepared to assist clients with their filings.
- Get experienced faculty's solutions for complications that are typically overlooked by neophytes.
- Avoid malpractice claims for inadvertent filing errors.
#1 MEANS TEST COMPLICATIONS - BEYOND MEDIAN INCOME
9:00 - 9:45, David L. Graham
The debtor fails the median income test. Does this mean he/she's bound for Chapter 13? Experienced faculty will show you what the casual bankruptcy practitioner may miss. Find out what to look for in a complete expense analysis, IRS expense guidelines, and unlisted Court allowances.
#2 DEBTOR OWNS A SMALL BUSINESS AND REAL ESTATE
9:45 - 10:30, Thomas S. Hemmendinger
A married couple owns a small business and has some real estate investments on the side. They face financial hardships. How should they file for bankruptcy? Walk through the issues this situation presents with faculty touching on domestic relations, personal liability for business debt, choice of entity, plans under Chapter 11 and 13, and dischargeability if filing separately.
#3 ESTATE COMPLICATIONS
10:45 - 11:30, Jeana Kim Reinbold
The Smiths know they are in financial trouble, but before calling you to discuss filing for bankruptcy, they purchase an expensive homestead and load money into Mr. Smith's 401K and their IRAs. Using this case study, experienced faculty will highlight the issues involved in "bankruptcy estate planning," including means test complications.
#4 PREFERENCES AND FRAUDULENT TRANSFERS
11:30 - 12:00, Joseph G. Butler
A young married couple sold their house and got $22,000. They used the money as a down payment on a new house titled to the wife's father, who got the financing for them. Unfortunately, they have to file for bankruptcy. Is the money they put down on the house a preference or a fraudulent transfer, or nothing? Examine this scenario and others to gain a better understanding of preferences and fraudulent transfers.
#5 DIVORCE SETTLEMENT ISSUES
1:00 - 2:00, Joseph G. Butler
An ex-husband loses his executive-level position and, because of health problems and a lack of savings, files for bankruptcy. How does this affect his divorce settlement agreement or court order? If this results in a complaint to deny discharge, is there a possibility of complaint success? Examine the fact patterns with experienced practitioners and find out!
#6 LEAVES OF AUTOMATIC STAY
2:00 - 2:45, Lynda L. Laing
Mr. and Mrs. John Doe filed for bankruptcy, but there are tort claims asserted against John Doe. Can automatic stays be lifted to allow personal injury and other actions to proceed? Experienced faculty will show you what options are available.
#7 COURT DISMISSAL
3:00 - 3:30, Thomas S. Hemmendinger
Miss Brokenow files Chapter 13 bankruptcy on the eve of a judicial sale of her assets on account of a creditor's perfected judgment lien. There is only one creditor listed in her petition. Can the Bankruptcy Court dismiss her case? Get the answers in this valuable session.
#8 ETHICAL CONSIDERATIONS
3:30 - 4:30, Lynda L. Laing
Discuss some of the ethical conundrums that may arise during bankruptcy cases, including conflicts of interest, billing attorneys' fees, and issues with full disclosure and asset transfers.