Strategic Guide to Bankruptcy From the Creditor's Viewpoint
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? Join us for an engaging analysis of creditors' rights in bankruptcy and learn how to achieve the best possible result from the proceeding. Register today!
- Gain real-life strategies for lifting automatic stay in various scenarios.
- Clarify the priority of claims and determine the creditor's chances of retrieval.
- Explore creditors' options in every type of bankruptcy.
- Understand the mechanics of adversary proceedings.
- Properly file objections to discharged debts.
- Gain a clear picture of the debtor's financial situation with skillful use of Rule 2004 exams.
- Find out what special rights landlords, suppliers, and equipment lessors have in bankruptcy.
- Identify the 10 questions to ask before getting started on any case.
- Maintain your impeccable reputation with tips for avoiding misrepresentation and harassment.
- Learn how to prevent execution/sale and secure post-petition interest.
- Brief Overview of Bankruptcy Basics
9:00 - 9:15, Andrew J. Nazar
- Case Evaluation
9:15 - 9:45, Andrew J. Nazar
- 10 Questions to Ask Before Getting Started
- Important Timeline Considerations
- Determining the Priority of Claims
- Creditors' Rights Under Each Chapter
9:45 - 10:45, Ronald S. Weiss
- Chapter 7
- Chapter 13
- Chapter 11
- When the Debtor Converts From a Chapter 13 to a Chapter 7 Case
- Significance of Valuation of Collateral
- Special Rights in Particular Property
11:00 - 11:30, Michael D. Fielding
- Reclamation Rights
- Landlords and Equipment Lessors
- Miscellaneous Creditors' Rights
11:30 - 12:30, Michael D. Fielding
- 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
- Automatic Stay
1:30 - 2:15, Eric L. Johnson
- 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
- Claims and Distributions
2:15 - 2:45, Eric L. Johnson
- Filing and Allowance of Claims
- Dealing With Objections to Claims
- Distribution to Creditors
- Objections to Confirmation
- What to do When the Debtor Defaults on the Repayment Plan
- Reaffirmation Agreements
- Adversary Proceedings (Objections to Discharge and Recovery Actions)
3:00 - 3:30, Eric L. Johnson
- What is an Adversary Proceeding?
- Who may File
- Deadline for Filing
- Non-Dischargeability Actions
- Trustee's Recovery Actions
- Mechanics of Filing an Adversary Proceeding
- Ethical Representation During Bankruptcy
3:30 - 4:30, Ronald S. Weiss
- Collection Letters and Communication With the Debtor
- Intermingling Activities of Collection Agency and Attorney
- Attorneys' Fees
- Avoiding Violations of the Injunction
This intermediate level seminar offers a creditor's perspective of bankruptcy and will benefit:
- Lenders and Banking Officers
- Credit and Collection Managers
- Real Property Owners and Managers