By: Scott B. Riddle, Esq.
On May 18, 2007, I will be speaking at a Bankruptcy CLE seminar sponsored by the National Business Institute. You can get all of the information, including a registration form, from the NBI Website, and I have included the agenda below (click "continue reading"). I will be speaking on the topics of Bankruptcy Code and Rules, and Bankruptcy Litigation. Other speakers are Jonathan Ginsberg, John Christy and Christopher Strickland. The seminar will be held at the Buckhead Sheraton Hotel.
Hopefully, as I prepare my materials I will be able to add some updates here.
It’s been in the works for years and has finally been signed into law. The new bankruptcy legislation will have an enormous impact on how you handle consumer bankruptcy. When your clients turn to you during this difficult time, they need someone who can confidently lead them through the process and smoothly manage the case – without fumbling to learn the new guidelines. It’s never been an easy process, but now – more than ever – it’s crucial for you to be ready by understanding all the nuances of the revised bankruptcy rules. Is your knowledge up to the challenge?
This seminar covers all the critical changes to the code, plus the skills you need to help your clients find the best solutions to their financial problems. From the initial interview all the way through discharge, you’ll be able to smoothly handle bankruptcies – while keeping in compliance with the new revisions. Now is your best chance to become the effective professional your clients need to help them reestablish a firm financial footing.
- Examine the all-important qualification criteria, so you can determine which chapter clients will be permitted to file.
- Align your practice methods with the new duties that debtor’s counsel will be responsible for.
- Pinpoint how trustee relationships, credit counseling and treatment/discharge have been changed.
- Manage bankruptcy litigation – including automatic stay – under the new revisions.
- Be prepared for the updated protections creditors have in their favor.
- Create proper plans that conform to the new changes whether your clients qualify for Chapter 7, 11 or 13.
- CRITICAL CHANGES DUE TO BANKRUPTCY REFORM LEGISLATION
Jonathan C. Ginsberg, 9:00 – 10:00
- Means Testing and Rights of Debtors to File for Bankruptcy Relief
- New Duties for Debtors’ Counsel
- The New Role of Nonprofit Credit Counseling Agencies
- New Rules Relating to Bankruptcy Petition Prepares
- Changes in What Constitutes the Bankruptcy Estate
- Treatment of Claims Under the Reform Legislation
- Expansion of Dischargeable Debts Under the Reform Legislation
- Reaffirmation Disclosures and New Requirements
- Trustee Rights Under the Reform Legislation
- Changes in Preference Fraudulent Transfer Litigation
- Leases and Executory Contracts Under the Reform Legislation
- Other Changes Affecting Particular Creditors or Industries
- Other Noteworthy Miscellaneous Reforms
- INTRODUCTION TO THE BANKRUPTCY CODE AND RULES
Scott B. Riddle, 10:15 – 11:00
- Jurisdiction and Venue
- Types of Bankruptcy Cases
- Structure of the Bankruptcy Code and Bankruptcy Rules
- Employment of Counsel and Other Professionals
- The Trustee’s Role in Chapter 7 and 13 Cases
- Property of Estates
- Types of Claims
- Redemptions and Reaffirmations
- Exemptions and Abandonment – What Do They Mean for the Creditor?
- AUTOMATIC STAY LITIGATION
Christopher S. Strickland, 11:00 – 11:30
- Changes in the Automatic Stay Due to Reform Legislation
- Scope of the Automatic Stay
- Exceptions to the Automatic Stay
- Relief From Stay Litigation
- BANKRUPTCY LITIGATION AND PROCEDURE
Scott B. Riddle, 11:30 – 12:00
- Adversary Proceedings vs. Contested Matters
- Discovery in Bankruptcy Proceedings
- Preference Actions
- Fraudulent Transfer Issues
- Bankruptcy Appeals
- PROTECTING THE CREDITOR’S POSITION
John A. Christy, 1:00 – 1:45
- Overview of Creditors’ Rights Under Each Chapter
- Rights of Creditors in Special Situations
- Legislative Changes Affecting Secured Creditors
- Creditor Committees
- Appointment of Trustee
- Dismissal and Conversion
- CHAPTER 11 CONFIRMATION ISSUES
John A. Christy, 1:45 – 2:30
- Disclosure Statement
- Contents of a Plan
- Confirmation Requirements
- "Cram Down" and the Absolute Priority Rule
- ETHICAL CONSIDERATIONS
Christopher S. Strickland, 2:45 – 3:45
- Applying the Rules of Professional Responsibility
- Avoiding Conflicts of Interest
- How to Avoid Fee Disputes
- Bankruptcy Rule 9011
- CHAPTER 7 AND CHAPTER 13 ISSUES
Jonathan C. Ginsberg, 3:45 – 4:30
- Determining Which Chapter to File
- Filing in Bankruptcy Court
- Dismissal and Conversion Issues
- Dischargeability of Debts
- Requirements of a Chapter 13 Plan
- How to Compute a Chapter 13 Plan
- Post-Confirmation Default
- Post-Petition Debt