The number of bankruptcy filings and distressed businesses has dramatically increased. This seminar includes a comprehensive discussion of bankruptcy. Panel members experienced in representing debtors, creditors and trustees will explore related issues. Whether you are a bankruptcy attorney who wants to improve your knowledge of the law, or someone who wants to understand fully the impact of bankruptcy in a transaction or litigation that you are involved in, this seminar is for you.
- Overview of the bankruptcy code and case law
- Specific issues related to Chapter 7, Chapter 13 and Chapter 11
- Effects of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), signed into law on April 20, 2005
- Practices and procedures in the Northern District of New York
- The attendee will be able to discuss basic bankruptcy issues.
- The attendee will be able to identify specific features of Chapters 7, 13 and 11.
- The attendee will be able to review the expanded creditors' rights under BAPCPA and identify potential pitfalls for debtors.
9:00 a.m. - 9:45 a.m.
I. Chapter 7 Basics
A. Highlights Of New Law Regarding Eligibility
B. The Petition And Schedules
1. Consumer Debtor vs. Business
2. Debt Counseling Requirement
3. Means Test In Consumer Cases
4. Automatic Stay
5. Duties Of The Debtor
6. Duties Of The Chapter 7 Trustee
C. Meeting Of Creditors
9:45 a.m. - 10:15 a.m.
II. Chapter 7 Case Administration
A. Property Of The Estate
1. Lifting The Stay On Property (11 U.S.C. § 362) Under Code Amendments
2. What Is Property Of The Estate?
B. Exempt Property In New York
1. Real Property
2. Personal Property
3. Trustee Objection To Claimed
C. Sale Of Property By The Trustee
D. Preferences And Fraudulent Conveyances
Under The Bankruptcy Code And New York Law
E. Dismissal Of Consumer Case For Substantial Abuse Under The Amended Law (11 U.S.C. § 707)
F. Objections To Discharge (11 U.S.C. § 727)
10:15 a.m. - 10:30 a.m.
10:30 a.m. - 11:00 a.m.
II. Chapter 7 Case Administration (Continued)
G. Non-Dischargeable Debts (11 U.S.C. § 523)
2. Student Loans
3. Alimony, Support, Law Guardian Fees
H. Reaffirmation Of Debt
I. Discharge Of Debtor
J. Closing The Case
K. Reopening The Case
11:00 a.m. - 11:10 a.m.
III. Chapter 7 Claims
A. Proofs Of Claim In The Asset Case
B. Classification Of Claims
C. Priority Of Payment Of Claims
D. Late Filed Claims
11:10 a.m. - 12:15 p.m.
IV. Chapter 13 Basics
A. Eligibility And Jurisdicational Issues
B. Procedural Matters
C. The Chapter 13 Plan
1. Disposable Income
2. Length Of Plan
3. Treatment Of Secured Creditors
a. Secured Creditors
b. Tax Claims
c. Priority Unsecured Claims
d. Non-Priority Unsecured
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 2:15 p.m.
V. Chapter 13 Administration
A. Meeting Of Creditors
B. The Confirmation Process
1. Procedural Matters
2. Objections To Confirmation
C. Amendment Or Modification Of Plan
D. Motion Practice
1. Motions For Relief From The
2. Motions To Dismiss Or Convert
3. Other Motions
E. Discharge Issues
2:15 p.m. - 3:15 p.m.
VI. Chapter 11 Basics
A. Debtor In Possession
1. Duties Of The Debtor In Possession
2. Bank Accounts
3. Operating Reports
4. Fiduciary Obligations
B. First Day Motions And Orders
C. Changes Under The New Law To Reclamations Claims
D. Use Of Cash Collateral
E. Role Of The U.S. Trustee
1. Professional Fees – Appointment And
2. Appointment Of Creditor's
3. Conduct Of 341 Meeting
4. Role Of The Creditor's Committee
3:15 p.m. - 3:30 p.m.
3:30 p.m. - 4:30 p.m.
VII. Chapter 11 Administration Of Case
A. Avoidance Actions
B. Preference And Fraudulent Transfers
1. Insider Transactions
2. Equitable Subordination
C. Chapter 11 Financing
1. Super Priorities
2. Post Petition Liens
D. Executory Contracts And Unexpired Leases
1. Assumption Or Rejection
E. Sale Or Lease Of Property
1. Ordinary Course Of Business
2. Sales Or Leases Out Of Ordinary
Course Of Business
F. Appointment Of Trustee Or Examiner
1. Grounds For Appointment
2. Burden Of Proof
VIII. Chapter 11 Plan
A. Formulating The Reorganization Plan
1. Consent To Plan
2. Negotiating The Plan
3. Required Elements Of Plan
B. Classification Of Claims
1. Required Treatment Of Claims
3. Subordination Of Claims
C. Confirming The Plan
1. Ballot Requirements
2. Standards For Confirmation
3. Cramdown Rules
4. Interest Rates On Claims
5. Absolute Priority Rule