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Who should attend Bankruptcy In North Carolina - Including Coverage Of The Bankruptcy Reform Act
This one-day seminar is designed for attorneys, paralegals and other legal staff, credit and collection managers, lending and loan officers, and accountants.
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This one-day seminar is designed for attorneys, paralegals and other legal staff, credit and collection managers, lending and loan officers, and accountants.

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Seminar Summary:

This seminar will cover such topics as the Bankruptcy Reform Act, the automatic stay, avoidable preference, fundamentals of Chapter 11, and more. (see full course description)

 
 
 

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Training Course Syllabus:


With the downturn in the economy over the past year and the increased filing of individual and corporate bankruptcies, this seminar will benefit new lawyers and experienced lawyers looking to start a bankruptcy practice, and those lawyers looking to expand their already existing bankruptcy practices. Credit managers and lending officers will also benefit from this seminar.

Seminar highlights:

  • Overview of bankruptcy
  • The Bankruptcy Reform Act
  • Avoidable preferences
  • The automatic stay
  • Fundamentals of Chapter 11
  • Representing creditors in Chapter 11

9:00 a.m. - 12:15 p.m.

(Break 10:30 a.m. - 10:45 a.m.)

I. Overview Of Consumer Bankruptcy - Including The New Bankruptcy Legislation

A. Purpose Of Bankruptcy

B. Players In Bankruptcy

C. Basic Concepts

1. The Bankruptcy Estate

2. Automatic Stay

3. Roles Of Debtor And Trustee

4. Bankruptcy Discharge

5. Preference Avoidance

D. New Legislation

II. Avoidable Preferences

A. Elements Of A Preference

B. Defenses

1. Contemporaneous Exchange

2. Ordinary Course

3. New Value

4. Insolvency

5. Other Defenses

III. The Automatic Stay

A. §362(a) And The Arising Of The Automatic Stay

B. Exceptions To The Automatic Stay

1. §362(b) Exceptions

2. Administrative Freeze Of Accounts

C. Obtaining Relief From The Automatic Stay

D. Automatic Stay Violations – §362(h)

1. Timing

2. Entitlement To Damages

3. Compensatory Damages

4. Punitive Damages

5. Emotional Distress

E. Repossessions

F. Automatic Stay Waivers

12:15 p.m. - 1:15 p.m.

Lunch (On Your Own)

1:15 p.m. - 2:00 p.m.

III. The Automatic Stay (Continued)

2:00 p.m. - 3:15 p.m.

IV. Fundamentals Of Chapter 11 - Including The Bankruptcy Reform Act

A. Eligibility For Relief

B. Voluntary vs. Involuntary

C. Accelerated Petition For Voluntary Relief

D. Impact Of Filing On Normal Business Operations

E. Power Of The Debtor-In- Possession

F. Court Requirements Under Order Authorizing Operation Of Business

G. Statement Of Financial Affairs And Schedules Of Assets And Liabilities

H. First Meeting of Creditors - §341 Meeting

I. Unsecured Creditors' Committee/Appointment Of Counsel

J. Employment And Payment Of Professionals

K. Employment-Related Benefits

L. Purchase And Sale Of Assets - §363

M. Plan Of Reorganization And Disclosure Statement

N. Confirmation Of The Plan Of Reorganization

O. Post-Confirmation Matters

P. New Legislation

3:15 p.m. - 3:30 p.m.

Break

3:30 p.m. - 4:30 p.m.

V. Representing Creditors In Chapter 11

A. Bad Faith filings

B. Cash Collateral And Adequate Protection Issues

C. Overview Of Creditors Committees/Rights And Duties

D. Issues Faced By Secured Creditors In Course Of Bankruptcy And Their Impact On Unsecured Creditors

E. Setoff Rights Of Creditors Under The Bankruptcy Code

F. Executory Contracts

G. Critical Vendors

H. Reclamation

I. Plan And Disclosure Statement Issues

Seminar Summary:

This seminar will cover such topics as the Bankruptcy Reform Act, the automatic stay, avoidable preference, fundamentals of Chapter 11, and more. (see full course description)

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