This program will focus on the issues both directly and indirectly related to the foreclosure process. The program will also alert practitioners to the attendant problems and statutory requirements that are often overlooked but must be considered.
The speakers for this program have been chosen for their knowledge and experience in the areas of real property foreclosure and bankruptcy, as well as for their ability to present current information in a clear, concise matter.
- The reaffirmation process
- The redemption process
- The surrender process
- Prepetition reposessions
- Foreclosure and the new Chapter 13
- Getting or giving the property back
- The attendee will be able to discuss the new mandatory surrender.
- The attendee will be able to identify the new payment requirements.
- The attendee will be able to review sanctions and fees.
9:00 a.m. - 10:00 a.m.
I. General Overview
A. General Review Of Changes To Eligibility: Means Testing And The New Eligibility Requirements
B. The Multiple Filer And The Presumption Of Bad Faith
10:00 a.m. - 10:30 a.m.
II. The Reaffirmation Process
A. The Prior Law: The Four Options And The Steps To Reaffirmation
B. The New Law:
1. The Three Remaining Options
2. The New Disclosures
3. Credit Union Exceptions
4. The New Criminal Sanctions?
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 11:15 a.m.
III. The Redemption Process
A. Valuation The Old Rules
B. Valuation The New Rules
C. How To Redeem And How To Get Redeemed
11:15 a.m. - 11:45 a.m.
IV. The Surrender Process
A. The Old Way
B. The New Mandatory Surrender – How To Effect It
11:45 a.m. - 12:45 p.m.
Lunch (On Your Own)
12:45 p.m. - 1:35 p.m.
V. Prepetition Repossessions
A. How To Undue A Repossession
B. What The Creditor Is Due For The Repossession
C. The New Payment Requirements
1. Chapter 7
2. Chapter 13
1:35 p.m. - 2:25 p.m.
VI. Foreclosure And The New Chapter 13
A. The New Protections Afforded To The Secured Creditor In Chapter 13
B. Multiple Cases And The Automatic Stay
C. Getting The Stay Back: The Debtor's View
D. Keeping The Stay Off: The Creditor's View
E. Where And How The Stay Will Be Reimposed
2:25 p.m. - 2:40 p.m.
2:40 p.m. - 3:30 p.m.
VII. Fees, Fees and More Fess
A. Repossession Fees
B. Foreclosure Fees
C. Attorney's Fees
D. Sanctions And Fees
3:30 p.m. - 4:10 p.m.
VIII. Getting Or Giving The Property Back
A. Actual possession
4:10 p.m. - 4:30 p.m.
IX. Questions And Answers