Course Description
Get Step-by-Step Instruction on Bankruptcy Procedures and Forms
This two-day, basic level seminar on consumer bankruptcy provides the nuts and bolts of filing Chapter 7 and 13 - with ample time for all your questions - so you can begin confidently filing petitions. Experienced practitioners will lead you through each step of the process with sample forms, schedules, means tests, repayment plans, and code citations. If you're new to the bankruptcy field, this how-to course will give you the practical knowledge necessary to guide your clients through the complex Chapter 7 and 13 filing processes. Register today!
- Get two full days of consumer bankruptcy training for only $575, so you can begin confidently filing cases for debtors.
- Gain a clear understanding of which chapter to file depending on your client's situation and assets.
- Learn the procedural steps for filing Chapter 7 and 13 to avoid errors that may constitute malpractice.
- Discover how the intricacies and exclusions of the means test can sink your Chapter 7 case.
- Avoid common paperwork mistakes by walking through each essential form.
- Draft a confirmable Chapter 13 plan with tips and strategies from veteran practitioners.
- Recognize what the trustee is looking for in your bankruptcy schedules, so you can provide the needed information.
- Be prepared for 341 meetings: anticipate questions and issues that may arise.
- Stay up to date on changing regulations and pertinent case law.
- Get two key opportunities to ask your tough case questions to a panel of experienced practitioners.
Agenda
DAY 1
Introduction to Consumer Bankruptcy
9:00 - 9:15, Christina Hamilton
The Means Test: A Walk-Through
9:15 - 10:15, Alan D. Eisler, Christina Hamilton and Marc R. Kivitz
- Determining the Debtor's Income
- Subtracting Standardized and Actual Expenses
- Common Mistakes to Avoid
Determining Which Chapter to File: What Key Questions Will Tell You
10:30 - 12:00, Marc R. Kivitz
- What Does the Debtor Want to Accomplish?
- Is All Property Exempt?
- Does the Debtor Qualify for Chapter 7 Based Upon Income?
- Is the Debtor Current on House and Vehicle Payments?
- Does the Debtor Owe Taxes or Have an IRS Lien?
- Judicial Lien or Domestic Support Obligation?
Filing Chapter 7
1:00 - 1:30, Christina Hamilton
- Completion of Necessary Forms
- Filing Chapter 7 Electronically: What You Need to Know
Creditors' Defenses During Bankruptcy
1:30 - 2:30, Alan D. Eisler
- Lifting Automatic Stay
- Reaffirming Debts
- Adversarial Proceedings
The Trustee's Viewpoint
2:45 - 3:45, William L. Countryman
- The Trustee's Role: Obligations to Debtors and Creditors
- What Trustees are Looking for in Filings
- The Debtor's Income and Expenses - Why You Should Calculate the Numbers Yourself
- Reviewing Claims After Claims Bar Dates
- Preparing for 341 Meetings and Hearings
- Deadlines
- Requesting a Payoff or Other Audit
- Communication With the Trustee's Office and Your Client
- Attorneys' Fees
Panel Discussion: Chapter 7 Questions and Answers
3:45 - 4:30, William L. Countryman, Alan D. Eisler, Christina Hamilton and Marc R. Kivitz
An unstructured opportunity to get more tips and answers to your specific Chapter 7 questions from a panel of faculty members.
DAY 2
The Initial Client Interview: Is It More Than Meets the Eye?
9:00 - 10:00, Marc R. Kivitz
- What the Debtor Should Bring
- Disclosures
- Must-Ask Questions for the Debtor
- Is the Debtor the Best Source of Information?
- Retainer Agreement
A Primer on Tax Rules in Bankruptcy
10:00 - 10:45, Alan D. Eisler
- Introduction
- Dealing With Property Taxes
- How to Handle Employment Taxes
- Income Taxes
Formulating a Confirmable Chapter 13 Plan
11:00 - 12:00 and 1:00 - 1:45, Christina Hamilton
- Chapter 13 Plan Requirements
- Contents of the Plan
- Cramdowns
- Form B22C and Determining Disposable Income
- Computing Plan Payment and Feasibility Calculation
- Determining the Plan's Length
- Confirmation of Plan
- Consummation of Plan
- Chapter 13 Discharge
- Post-Confirmation Modification
- Important Tips to Remember
Case Study: Chapter 13
1:45 - 2:30, Alan D. Eisler, Christina Hamilton and Marc R. Kivitz
Walk through a Chapter 13 filing with a review of the schedules and documents to be filed, as well as line-by-line completion of forms.
Ethical Considerations in Bankruptcy
2:45 - 3:45, Alan D. Eisler
- Charging Attorneys' Fees
- Debtor Works a Second Job off the Books
- Spouse Doesn't Know About Child Support Payments for Out-of-Wedlock Child
- Domestic Partner Refuses to Give Their Financials
- Discovering the Debtor Lied in his Petition After it is Filed
- Transferring a House or Other Assets to Avoid Creditors
Panel Discussion: Chapter 13 Questions and Answers
3:45 - 4:30, William L. Countryman, Alan D. Eisler, Christina Hamilton and Marc R. Kivitz
An unstructured opportunity to get more tips and answers to your specific Chapter 13 questions from a panel of faculty members.
Audience
This two-day, basic level course provides a step-by-step walk-through of filing procedures for Chapters 7 and 13 for:
- Attorneys New to the Bankruptcy Field
- Bankruptcy Petition Preparers and Coordinators
- Paralegals
- Credit Analysts
- Financial Planners
- Accountants