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Be Wary of These Top Mistakes When Collecting from a Bankrupt Debtor

The debtor who's been dodging repayment for months has just filed for bankruptcy. How should you proceed? Do you know where the legal landmines lie? Join us for an engaging analysis of creditors' rights in bankruptcy, and learn how to avoid mistakes that result in lost opportunities or legal troubles. Register today!

  • Delve into real-life pitfalls surrounding the automatic stay.
  • Uncover common oversights in case evaluation.
  • Clarify the priority of claims.
  • Explore common creditors' rights misconceptions and oversights in every type of bankruptcy.
  • Avoid frequently-missed opportunities in Rule 2004 exams.

All times are shown in Eastern time

  1. Mistakes in Case Evaluation
    10:00 - 10:30, John Collen
    1. Ten Questions to Ask Before Getting Started
    2. Important Timeline Consideration Issues
  2. Miscellaneous Creditors' Rights - Mistakes to Avoid
    10:30 - 11:30, Richard B. Jacobson
    1. Determining the Priority of Claims - Top Problems
    2. The Involuntary Bankruptcy as a Collection Remedy
    3. Examination of Debtor's Affairs
    4. Rule 2004 Exams
    5. Creditors' Committees in Chapter 11 Cases
    6. Dismissal or Conversion of a Bankruptcy Case
    7. Appointment of and Communication with a Trustee or Examiner
    8. Recovery of Property for the Benefit of Creditors
    9. Municipal Collection Issues
  3. Ethics Pitfalls
    11:45 - 12:45, John Collen
    1. Not Understanding the Rules Applicable to Counsel for Debtor and Estate Fiduciaries
      1. Added Conflicts Rules
      2. Special Disclosure Requirements
      3. Court Approval of Retention
      4. Court Approval of Compensation
      5. Adverse Interests - 18 U.S.C. §154
    2. Special Provisions of Title 18, United States Code
      1. Bankruptcy Crimes - 18 U.S.C. §152
      2. Criminal Referrals - 18 U.S.C. §3057
      3. Continuing Concealment - 18 U.S.C. §3284
    3. Everyday Mistakes
      1. Getting in Over Your Head - When is a Bankruptcy Specialist Needed?
      2. Bankruptcy Deadlines and Time Computations
      3. Motions vs. Adversary Complaints
  4. Overview of Creditors' Rights Under Each Chapter - Top Oversights
    1:15 - 2:15, Blair Zanzig
    1. Chapter 7
    2. Chapter 13
    3. Chapter 12
    4. Chapter 11
    5. When the Debtor Converts from a Chapter 13 to a Chapter 7 Case
    6. Significance of Valuation of Collateral
  5. Claims and Distribution Problems
    2:15 - 3:15, Blair Zanzig
    1. Filing and Allowance of Claims
    2. Objections to Discharge
    3. Objections to Confirmation
    4. Dealing with Objections to Claim
    5. Distribution to Creditors
    6. UCC Filing
    7. What to do When the Debtor Defaults on the Repayment Plan
    8. Recovery of Fraudulent Transfers
    9. Reaffirmation Agreements
  6. Automatic Stay Errors
    3:30 - 4:30, John Collen
    1. Errors Regarding Scope and Duration of the Stay
      1. Continuation of Actions
      2. Enforcement
      3. Acts Against Property
      4. Lien Creation, Perfection and Enforcement
      5. Co-stay in Chapter 13
      6. Replacement by 524 Injunction
    2. Errors Regarding Consequences of Violation
      1. Acts in Violation of Stay are Void
      2. Contempt
      3. Damages
    3. Errors In Seeking Relief from Stay
      1. "Modify" vs. "Terminate" vs. "Annual"
      2. Section 362(d)(1) vs. (d)(2) Grounds
      3. Right to Hearing Within 30 Days
      4. Emergency Relief
      5. Burden of Proof
      6. When Order Takes Effect
  7. Special Rights in Particular Property
    4:30 - 5:00, John Collen
    1. Reclamation Rights
    2. Setoffs
    3. Landlords and Equipment Lessors

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