This seminar involves a comprehensive discussion of bankruptcy and the strategies that can be employed in representing both debtors and creditors in bankruptcy cases. We also hope that this seminar will be helpful for non-lawyers who want to learn more about the bankruptcy process in Indiana.
- Fundamentals of Chapters 7, 11 and 13
- Strategies for creditors to maximize their recoveries
- The effect of the new bankruptcy law will be discussed throughout the seminar
8:30 a.m. - 8:35 a.m.
A. Goal Is To Provide A 'Nuts And Bolts' Bankruptcy Seminar
B. The Seminar Is Directed Primarily To Counsel For Chapter 7 And 13 Creditors and Debtors. However, Special Considerations And Recent Developments In Chapter 11 Cases Will Also Be Addressed
8:35 a.m. - 10:10 a.m.
II. Fundamentals Of Chapter 7
A. Basic Rights And Duties
B. Automatic Stay
C. Treatment Of Creditors And Equity Interest Holders
1. Secured Creditors
2. Administrative Creditors
3. Priority Creditors
4. Unsecured Creditors
5. Equity Owners
D. Meeting Of Creditors
E. Property Of The Estate
10:10 a.m. - 10:20 a.m.
10:20 a.m. - 11:20 a.m.
III. Fundamentals Of Chapter 13
A. The Chapter 13 Plan
D. Disposable Income
E. Treatment Of Secured Creditors
1. Surrender Of Collateral
2. Payments Outside The Plan
3. Treatment Of Mortgages
11:20 a.m. - 11:45 a.m.
IV. Choosing Between Chapters 7 And 13
A. Debtor's Desire To Keep Property
B. Chapter 13 Discharge
11:45 a.m. - 12:45 p.m.
Lunch (On Your Own)
12:45 p.m. - 1:20 p.m.
V. Creditor's Remedies In Chapter 7 And
13 Cases: How To Maximize Your
A. Election Of Trustee
B. Timely Proofs Of Claim
C. Objections To Claimed Exemptions
D. Non-Dischargeable Debts
E. Objections To Discharge
F. Treatment Of Secured Claims
1. Interest Rates
2. Relief From The Automatic Stay
G. Objections To Confirmation Of Chapter 13 Plans
2. Best Interests
3. Good Faith
1:20 p.m. - 1:50 p.m.
VI. Discharge And Objections To Discharge
A. Effect Of Discharge
B. Objections To Discharge Of Claims Under Section 523
C. Objections To Discharge Under Section 727
1:50 p.m. - 2:35 p.m.
VII. Fundamentals Of Chapter 11
A. The Debtor In Possession
1. New Fiduciary Duties
2. First Day Motions
3. Use Of Cash Collateral
B. Role Of The United States Trustee
C. Role Of The Creditor's Committee
D. Executory Contracts And Unexpired Leases
E. Appointment Of A Trustee Or Examiner
F. Chapter 11 Plan Process
1. Classification Of Claims
2. Cram Down Rules
3. Absolute Priority Rule
4. New Value After 203 North LaSalle
2:35 p.m. - 2:45 p.m.
2:45 p.m. - 3:00 p.m.
VIII. Creditor's Remedies In Chapter 11
Cases: Maximizing Recoveries
A. Creditor's Committee Participation
B. The Secured Creditor
1. Valuation And Fair Interest Rates
2. Objections To Plans And 363 Sales
3:00 p.m. - 3:30 p.m.
IX. Ethical Problems In Bankruptcy Cases
A. Bankruptcy Crimes
B. Pre-Bankruptcy Exemption Planning
D. Representations In Chapter 11: Who Is The Client?
3:30 p.m. - 4:05 p.m.
X. Avoidance Actions
A. Preference Actions
B. Fraudulent Conveyance Actions
4:05 a.m. - 4:30 p.m.
XI. Changes To The Bankruptcy Code