Bankruptcy Basics Boot Camp - Bankruptcy Law Seminar
Represent Your Clients with Confidence
Filing a bankruptcy petition can be an intimidating task for an attorney who isn't familiar with the required forms and paperwork, but the practice area is a worthwhile addition to your firm. If you are looking to expand your practice or build up your skill-set, this is the bankruptcy how-to for you. Learn the bankruptcy process as experienced attorneys walk through the calculations and filing requirements. Register today!
- Know the best practices and techniques for filing bankruptcy.
- Gather all the necessary documents during the intake interview so you can accurately advise clients during the initial stages.
- Confidently work through the means test to achieve accurate results that determine a debtor's bankruptcy eligibility.
- Avoid common paperwork mistakes by walking through each essential form.
- Understand how to prepare for the 341 meeting and know what to expect.
- Be aware of the techniques creditors employ to lift the automatic stay.
- Structure a Chapter 13 repayment plan clients and creditors can agree on.
- Review and avoid common ethical dilemmas associated with bankruptcy.
- Utilizing the Client Intake Interview
9:00 - 9:40, Ronald I. Chorches
- Is Credit Counseling an Alternative?
- Documents to Request Right Away
- Questions to Ask in the Initial Interview
- Explaining the Process and Bankruptcy Options to Your Client
- Helping Your Client Determine Which Chapter to File
- Rules for Setting up Retainer Agreements
- Working Through the Means Test
9:40 - 10:20, Joel M. Grafstein
- Exempt vs. Non-Exempt Property
- Allowable Expenses
- How to Determine the Debtor's Income
- Is Your Client's Income More Than the Median?
- What Happens if Your Client Does Not Pass the Means Test?
- Common Mistakes to Avoid
- Communicating With the U.S. Trustee
- Preparing the Bankruptcy Filing
10:35 - 11:30, Ronald I. Chorches
- Checklist of Filing Procedures
- What Schedules to File
- The Bankruptcy Petition
- Statement of Financial Affairs
- Monthly Budget
- Property and Debt Listings
- Pros and Cons of Electronic Filing
- Filing Do's and Don'ts
- Planning the 341 Meeting
11:30 - 12:15, Ronald I. Chorches
- Purpose of the Meeting
- Who Should Attend
- Questions to Expect and Prepare For
- Proofs of Claim
- Understanding the Automatic Stay
1:15 - 2:15, Charles A. Maglieri
- Broad Scope of the Automatic Stay
- Mortgage Servicing Issues
- Motion for Lift of Stay: How, Why You Can Request It
- Monetary Sanctions for Automatic Stay Violation Where Notice is Lacking
- Terminating the Stay
- Changes in the Automatic Stay Due to Reform Legislation
- Harassment Issues
- Drafting Chapter 13 Repayment Plans
2:15 - 3:15, Charles A. Maglieri
- What is the Best Timeline for Your Client?
- When Conversion to Chapter 7 is Applicable
- How to Enforce and Modify Plans
- Standards of Confirmation
- Role of Exemptions in Chapter 13
- Best Interests of Creditors Test and Best Efforts Test
- Payment of Priority Claims and Secured Claims on Personal Property
- Lien Stripping
- Structuring Payments – A Case Study
- Negotiating Plan Payments with the Trustee
- Plan Confirmation and Modifications
- Reviewing Ethics
3:30 - 4:30, Joel M. Grafstein
- Charging Attorneys' Fees
- Intermingling Activities of Collection Agency and Attorney
- Avoiding Violations of the Discharge Injunction
- Zealous Advocacy v. Candor with the Court
- Common Situations for Concern