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Who should attend Creditors Rights During Bankruptcy
This intermediate level seminar offers a creditor's perspective of bankruptcy and will benefit: Attorneys, In-House Counsel, Lenders, Accountants, Real Property Owners and Managers, Paralegals
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Creditors Rights During Bankruptcy  

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This intermediate level seminar offers a creditor's perspective of bankruptcy and will benefit: Attorneys, In-House Counsel, Lenders, Accountants, Real Property Owners and Managers, Paralegals

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Seminar Summary:

This legal guide will provide you with a detailed analysis of creditors' rights in bankruptcy and offer actionable strategies for achieving the best possible result in the proceeding. (see full course description)

 
 
 

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Training Course Syllabus:


Creditors' Rights During Bankruptcy

From Event: Creditors' Rights During Bankruptcy, held December 2014.

Program Description

The debtor who's been dodging repayment for months has just filed for bankruptcy. Are you stuck with an unpaid account or are there ways to continue trying to collect? This legal guide will provide you with a detailed analysis of creditors' rights in bankruptcy and offer actionable strategies for achieving the best possible result in the proceeding. Order today!

Course Content

  • Case Evaluation
  • Miscellaneous Creditors' Rights
  • Ethical Representation During Bankruptcy
  • Overview of Creditors' Rights Under Each Chapter
  • Claims and Distributions
  • Automatic Stay
  • Special Rights in Particular Property
     

Agenda / Content Covered

All times are shown in Eastern time

Case Evaluation
11:00 - 11:30, Jeffrey L. Smoot

  • Ten Questions to Ask Before Getting Started
  • Important Timeline Considerations
  • Determining the Priority of Claims

Miscellaneous Creditors' Rights
11:30 - 12:30, Kevin J. Dunlevy

  • The Involuntary Bankruptcy as a Collection Remedy
  • Examination of Debtor's Affairs
  • Rule 2004 Exams
  • Creditors' Committees in Chapter 11 Cases
  • Dismissal or Conversion of a Bankruptcy Case
  • Appointment of and Communication with a Trustee or Examiner
  • Recovery of Property for the Benefit of Creditors
  • Municipal Collection Issues

Ethical Representation During Bankruptcy
12:45 - 1:45, Kevin J. Dunlevy

  • Collection Letters and Communication with the Debtor
  • Misrepresentation
  • Intermingling Activities of Collection Agency and Attorney
  • Harassment
  • Attorneys' Fees
  • Avoiding Violations of the Injunction

Overview of Creditors' Rights Under Each Chapter
2:15 - 3:15, Anton Nickolai

  • Chapter 7
  • Chapter 13
  • Chapter 12
  • Chapter 11
  • When the Debtor Converts from a Chapter 13 to a Chapter 7 Case
  • Significance of Valuation of Collateral

Claims and Distributions
3:15 - 4:15, Jeffrey L. Smoot

  • Filing and Allowance of Claims
  • Objections to Discharge
  • Objections to Confirmation
  • Dealing with Objections to Claim
  • Distribution to Creditors
  • UCC Filing
  • What to do When the Debtor Defaults on the Repayment Plan
  • Recovery of Fraudulent Transfers
  • Reaffirmation Agreements

Automatic Stay
4:30 - 5:30, Anton Nickolai

  • Broad Scope of the Automatic Stay
  • Obtaining Relief from the Automatic Stay
  • Motion for Lift of Stay: How, Why You Can Request it
  • Changes in the Automatic Stay in Consumer Cases Involving Repeat Filers
  • Changes in the Automatic Stay in Certain Other Limited Situations Involving Liens on Real Estate
  • Changes in the Automatic Stay Involving Consumer Landlord/Tenant Law
  • Exceptions to the Automatic Stay and Related Changes
  • Monetary Sanctions for Automatic Stay Violation Where Notice is Lacking

Special Rights in Particular Property
5:30 - 6:00, Jeffrey L. Smoot

  • Reclamation Rights
  • Setoffs
  • Landlords and Equipment Lessors

Speakers:

KEVIN J. DUNLEVY is a partner in the Minneapolis law firm of Beisel & Dunlevy, P.A., where he practices in real estate and creditors' remedies. He is a real property law specialist, certified by the Minnesota State Bar Association. Mr. Dunlevy is experienced in real estate litigation, transactions, foreclosures, evictions, and other creditors' remedies. He is a frequent presenter at seminars for attorneys, title companies, realtors and lenders; and he has written numerous articles and publications for professional and trade groups. Mr. Dunlevy is a member of the Hennepin County, Minnesota State and American bar associations; as well as the State Bar Association of North Dakota and the State Bar of Wisconsin. He co-chairs the Legislative Committee of the Real Property Section of the Minnesota State Bar Association, and is the past chair of the Title Insurance Litigation Committee of the American Bar Association's Torts and Insurance Practice Section. Mr. Dunlevy recently taught real estate law to lawyers and law students in Ukraine, including real estate and mortgage fraud. He earned his B.A. degree, cum laude, and his J.D. degree from the University of North Dakota.

ANTON NICKOLAI is a managing partner with Nickolai & Poletti, LLC, in Burlington, Wisconsin, where he is a highly respected Chapter 13 bankruptcy attorney. His main focus is to help individuals and families to reach their financial goals through a Chapter 13 reorganization. Mr. Nickolai believes very strongly in keeping his clients informed and involved every step of the way, so as to ensure that their cases proceed as smoothly and efficiently as possible from start to finish. He is admitted to practice law in both Wisconsin and Illinois, in addition to being admitted to practice before the Eastern and Western districts of Wisconsin, and the U.S. Tax Court. Mr. Nickolai also is a member of the National Association of Consumer Bankruptcy Attorneys. He earned his undergraduate degree from Marquette University and his J.D. degree from John Marshall Law School.

JEFFREY L. SMOOT is a partner in the law firm of Oles Morrison Rinker & Baker LLP. His areas of practice include commercial litigation, debtor and creditor rights, business, and real estate. Before becoming an attorney, Mr. Smoot spent 18 years as a paralegal assisting in Chapter 11 reorganization cases, and state and federal court trials and appeals. He has spoken previously on bankruptcy and collection issues, and asset discovery. Mr. Smoot earned his B.S. degree from City University and is a graduate of Washington's Rule 6 Law Clerk Program.
 

Credits:

Accreditation Details

Continuing Legal Education

AK CLE: 6.00 Credit Approval Exp 12/11/2016 Including - Ethics: 1.00
Alaska Bar members may claim credit for attending CLE programs that have been accredited by other mandatory CLE jurisdictions. This self study program may qualify for up to 6.0 hours of self-study credit, which includes 5.0 hours of VCLE self-study credit under the voluntary CLE Rule of the Alaska Bar Association and 1.0 hours of MECLE ethics self-study under the mandatory ethics continuing legal education CLE Rule.

AZ CLE: 6.00 Credit Approval Exp 12/11/2016 Including - Ethics: 1.00
The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 6.0 hours toward your annual MCLE Interactive CLE requirement for the State of Arizona, including 1.0 hour of professional responsibility Interactive CLE credit.

CA CLE: 6.00 Credit Approval Exp 12/11/2016 Including - Ethics: 1.00
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and may qualify for up to 6.0 hours of self-study credit, of which 1.0 hour will apply to legal ethics self-study credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.

CO CLE: 7.00 Credit Approval Exp 12/11/2016 Including - Ethics: 1.20
This program may qualify for up to 7.0 hours of self-study general Colorado Continuing Legal Education Credit, including 1.2 ethics credit.

FL CLE: 7.00 Credit Approval Exp 06/11/2016 Including - Business Litigation: 5.00, Ethics: 1.00
Approved by The Florida Bar, this program may qualify for up to 7.0 general hours of CLER self-study credit including 1.0 hour of self-study ethics credit. Certification: 5.0 - Business Litigation

GA CLE: 6.00 Credit Approval Exp 12/11/2015 Including - Ethics: 1.00
This program is approved by the Georgia Commission on Continuing Lawyer Competency. This program may qualify for up to 6.0 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 1.0 hour of distance learning ethical considerations.

HI CLE: 6.00 Credit Approval Exp 12/11/2016 Including - Ethics: 1.00
NBI, Inc. is an Accredited Provider with the Hawaii State Board of Continuing Legal Education. This alternative format activity has been approved for up to 6.0 hours of credit for the state of Hawaii, which includes 5.0 VCLE credits and 1.0 MCPE credits.

ID CLE: 6.00 Credit Approval Exp 12/11/2016 Including - Ethics: 1.00
This program may qualify for up to 6.0 hours of self-study continuing legal education credit in the state of Idaho, which may include 1.0 ethics credit. Application for self-study approval must be submitted to the Idaho State Bar.

IL CLE: 6.00 Credit Approval Exp 12/10/2016 Including - Ethics: 1.00
This program has been approved by the Illinois MCLE Board for 6.0 hours of distance learning CLE credit, which includes approval for 1.0 hour of legal ethics CLE credit by the Illinois Supreme Court Commission on Professionalism.

KS CLE: 5.00 Credit Approval Exp 12/10/2015 Including - Ethics: 1.00
Approved by the Kansas Continuing Legal Education Commission for 5.0 hours of nontraditional format continuing legal education credit, which includes 1.0 hour of ethics and professionalism credit. No more than 5.0 hours of nontraditional format CLE may be earned in one compliance period.

ME CLE: 6.00 Credit Approval Exp 12/11/2016 Including - Ethics: 1.00
This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course may receive up to 6.0 hours of self-study CLE credit including 1.0 ethics hours under M. Bar R. 12. No more than 5.5 hours of self-study CLE credit may be earned during a reporting period.

MN CLE: 6.00 Credit Approval Exp 10/16/2016 Including - Ethics: 1.00
Approved for up to 6.0 hours of on-demand CLE credit, including 1.0 hour of ethics by the Minnesota Board of Continuing Legal Education. No more than 15.0 hours of on-demand CLE credit may be earned during a reporting period.

MO CLE: 7.20 Credit Approval Exp 12/11/2016
NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for up to 7.2 self-study CLE credit hours. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics credit with self-study.

MP CLE: 6.00 Credit Approval Exp 12/11/2016 Including - Ethics: 1.00
This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 6.0 hours of self-study CLE credit including 1.0 ethics hours.

MT CLE: 6.00 Credit Approval Exp 12/11/2016 Including - Ethics: 1.00
This program may qualify for up to 6.0 hours of self-study CLE credit by the Montana Commission on Continuing Legal Education, including 1.0 hour of ethics. No more than 5.0 hours of self-study CLE credit may be earned during a reporting period.

NC CLE: 6.00 Credit Approval Exp 12/31/2015 Including - Bankruptcy Law: 6.00, Ethics: 1.00
NBI, Inc. is an accredited sponsor with the North Carolina State Board of Continuing Legal Education. Attendance of this program may qualify for up to 6.0 hours of online CLE credit, including 1.0 ethics. No more than 6.0 hours of online CLE credit may be earned during a reporting period. This program qualifies for Bankruptcy Law specialization certification credit.

ND CLE: 6.00 Credit Approval Exp 12/11/2016 Including - Ethics: 1.00
North Dakota attorneys completing this program may claim up to 6.0 North Dakota self-study CLE credit hours, including 1.0 hour of ethics credit, on the Report of Compliance. No more than 15.0 hours of self-study CLE credit may be earned during a reporting period.

NE CLE: 6.00 Credit Approval Exp 12/11/2015 Including - Ethics: 1.00
NBI, Inc. is an accredited CLE sponsor in the state of Nebraska. This activity has been approved for up to 6.0 distance learning CLE credits, including 1.0 hour of professional responsibility credit. No more than 5.0 hours of distance learning CLE credit may be earned during a reporting period.

NH CLE: 6.00 Credit Approval Exp 12/11/2017 Including - Ethics: 1.00
NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. NBI, Inc. believes this course meets the requirements of NH Supreme Court Rule 53 toward the annual NHMCLE requirement.

NJ CLE: 7.20 Credit Approval Exp 10/15/2015 Including - Ethics: 1.20
This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.2 hours of alternative format CLE credit. Of these, 1.2 qualify as hours of alternative learning format credit for ethics/professionalism. No more than 12.0 hours of alternative learning format CLE credit may be earned during a reporting period.

NM CLE: 6.00 Credit Approval Exp 12/11/2016 Including - Ethics: 1.00
This program has been approved by the New Mexico Minimum Continuing Legal Education Board. This program may qualify for up to 6.0 hour of self-study credit, including 1.0 hours of self-study ethics credit. No more than 4.0 hours of self-study CLE credit may be earned during a reporting period.

NV CLE: 6.00 Credit Approval Exp 12/11/2017 Including - Ethics: 1.00
This course has been approved by the Nevada Board of Continuing Legal Education. This program may qualify for up to 6.0 hours of alternative format CLE credits by the Nevada Board of Continuing Legal Education, which includes 1.0 hour of alternative format ethical considerations.

NY CLE: 7.00 Credit Approval Exp 12/11/2016 Including - Areas of Professional Practice: 6.00, Ethics: 1.00
This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 7.0 credit hours, of which 6.0 hours can be applied to the Areas of Professional Practice requirement and 1.0 hour can be applied toward the ethics and professionalism requirement. This nontraditional format program is approved only for EXPERIENCED attorneys who have been admitted to the New York Bar for more than two years.

OK CLE: 7.00 Credit Approval Exp 12/11/2016 Including - Ethics: 1.00
This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission. This program may qualify for up to 7.0 of Archived and/or Online OnDemand CLE credit hours, which includes 1.0 hour of legal ethics. No more than 6.0 hours of Archived and/or Online OnDemand CLE credit may be earned during a reporting period.

OR CLE: 6.25 Credit Approval Exp 12/11/2017 Including - Ethics: 1.00
NBI, Inc. is an approved sponsor with the Oregon MCLE. This program may qualify for up to 5.25 hours of general self-study continuing legal education credit and 1.0 hour of ethical considerations credit.

TX CLE: 6.00 Credit Approval Exp 11/30/2015 Including - Bankruptcy Law: 6.00, Ethics: 1.00
This course is accredited for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 6.0 credit hours, of which 1.0 credit hour will apply to legal ethics/professional responsibility credit. This course has been approved by the Texas Board of Legal Specialization for certification and recertification continuing legal education requirements for attorneys and legal assistants. Hours in attendance at National Business Institute CLE seminars may be applied to the minimum Judicial Education requirement.

VI CLE: 7.20 Credit Approval Exp 12/11/2016 Including - Ethics: 1.20
The course has been approved by the V.I. Bar Association Committee on Legal Education and Admissions to the Bar for 7.2 hours of self-study CLE credit, including 1.2 hour of ethics.

VT CLE: 6.00 Credit Approval Exp 12/11/2016 Including - Ethics: 1.00
This course has been approved by the Vermont Board of Mandatory Continuing Legal Education. This program may qualify for up to 6.0 hours of self-study credit, including 1.0 hour of self-study ethics credit. No more than 10.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn professionalism credit with self-study.

WA CLE: 6.00 Credit Approval Exp 12/11/2019 Including - Ethics: 1.00
This program may qualify for up to 6.0 hours of Washington continuing legal education self-study credit, which includes 1.0 hour of ethics.

WV CLE: 7.20 Credit Approval Exp 12/11/2016 Including - Ethics: 1.20
This program may qualify for up to 7.2 hours of self-study credit, which includes 1.2 hour of self-study ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education. No more than 12.0 hours of self-study CLE credit may be earned during a reporting period.

WY CLE: 6.00 Credit Approval Exp 12/11/2017 Including - Ethics: 1.00
The Wyoming State Board of Continuing Legal Education has granted up to 6.0 hours of Continuing Legal Education Credit, including 1.0 hour of ethics. No more than 5.0 hours of self-study credit may be earned during one calendar year.


 

Seminar Summary:

This legal guide will provide you with a detailed analysis of creditors' rights in bankruptcy and offer actionable strategies for achieving the best possible result in the proceeding. (see full course description)

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