Course Description
Hear the Preferences and Thoughts of Judges and Trustees!
How often have you wished you could predict how the judges and trustees involved in your bankruptcy cases might view your filings? This unique forum gives you the opportunity to learn about the hottest topics in consumer bankruptcy from the viewpoint of decision makers who work in the field every day. Maximize the success of your cases by gaining a better understanding of their preferences and pet peeves, and get clear answers to the questions you've always wanted to ask. Enroll today!
- Identify the errors in Chapter 7 and 13 cases judges and trustees hope you'll avoid.
- Gain the trustees' perspectives on vital topics such as means testing and exemptions.
- Learn the judges' do's and don'ts regarding the discovery process and service of pleadings.
- Address the hot issue of lien stripping in Chapter 13.
- Hear the judges' thoughts on reaffirmation agreements.
- Participate in an open discussion with bankruptcy judges and trustees, and get your questions answered.
Agenda
AM SESSION – 9:00AM to 12:00PM
Moderator: Peter J. Broege
Panelists: Hon. Michael B. Kaplan, Hon. Raymond T. Lyons, Hon. Rosemary Gambardella, Barry W. Frost, Nancy Isaacson, Jay L. Lubetkin, Stacey L. Meisel,
Eric R. Perkins, Albert Russo, Catherine E. Youngman
- Means Testing
- Introduction
- When Does Means Testing Apply?
- Presumption of Abuse Under the Means Test
- Rebuttal
- General Grounds for Abuse
- Standing
- Determining Disposable Income: Chapter 7 and 13
- Monthly vs. Projected Disposable Income
- Income Sources
- Applicable Median Family Income
- Defining the “Applicable Commitment Period”
- Marital Adjustments
- National Standards and Local Standards
- Necessary Expenses
- Charitable Contributions
- Payments on Claims
- Hypothetical Chapter 13 Plan Payments
- Dischargeability Issues and Denial of Discharge
- Reaffirmation Agreements
- Correctly Determining if Debt is Dischargeable
- §727 Complaints
- Lien Stripping Issues and Limitations
- 341 Meetings – What is Expected of the Attorneys
- Post-Discharge Issues
- Chapter 13 Repayment Plan
- Notice Issues
- Plan Structure and Filing Preferences
- Post-Confirmation Issues
- Automatic Stay and Motion for Relief from Stay
PM SESSION 1:00PM to 4:30PM
Moderator: Peter J. Broege
Panelists: Hon. Michael B. Kaplan, Hon. Raymond T. Lyons, Hon. Rosemary Gambardella, Barry W. Frost, Nancy Isaacson, Jay L. Lubetkin, Stacey L. Meisel,
Eric R. Perkins, Albert Russo, Catherine E. Youngman
- Avoidance Actions
- General Tips from Bankruptcy Decision Makers
- Common Errors Made When Filing Petitions
- Red Flags When Examining a Case
- What is Expected of Attorneys
- Successful Litigation: Key Concepts
- Service of Pleadings
- Local Rule Requirements
- Discovery Process
- Staging the Trial
- Ethics and Professionalism (3:30 - 4:30)
- Multiple Representation
- Professional Conflicts
- Disclosure Obligations
- Attorneys' Fees
Audience
This intermediate level program will help attorneys and paralegals take their knowledge of bankruptcy law issues to the next level so they can offer their clients the solid, straightforward advice they need during a bankruptcy case.