Walk Through Consumer Bankruptcy Procedures and Forms
Relying on bankruptcy software to file petitions will only get you so far. This line-by-line workshop will give you the practical knowledge necessary to double-check your software's work and confidently answer "line item" questions from trustees, creditors and judges. With the help of carefully-crafted debtor scenarios, experienced practitioners will guide you through each form you need to file, clearing up ambiguities and pointing out potential pitfalls. You'll even get detailed instruction on the ever-confusing means test and Chapter 13 plans! Bankruptcy is a field of land mines and evolving interpretations of law - make sure you're prepared to guide your clients through the filing process. Register today!
- Walk through the bankruptcy schedules and forms line-by-line, so you can knowledgeably explain the numbers submitted when questioned by the trustee, creditors or bankruptcy court.
- Unravel the complexity and ambiguity of the means test with veteran practitioners at your side.
- Learn the procedural steps for filing Chapter 7, 11 and 13, 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.
- Avoid paperwork mistakes by learning how to properly complete schedules.
- Confidently structure payments and decide categories in the Chapter 13 repayment plan.
- Get insider tips on what trustees look for in consumer bankruptcy filings.
All times are shown in Eastern time
- Utilizing the Client Intake Interview
11:00 - 12:00, Richard J. Pearson
- Is Credit Counseling an Alternative?
- Documents to Request Right Away
- Questions to Ask in the Initial Interview
- Explaining the Process and Bankruptcy Options to Your Client
- Helping Your Client Determine Which Chapter to File
- Rules for Setting Up Retainer Agreements
- Working Through the Means Test
12:15 - 1:15, Richard J. Pearson
- Exempt vs. Non-Exempt Property
- Allowable Expenses
- How to Determine the Debtor's Income
- Is Your Client's Income More Than the Median?
- What Happens if Your Client Does Not Pass the Means Test?
- Common Mistakes to Avoid
- Communicating with the U.S. Trustee
- Preparing the Bankruptcy Filing
1:15 - 1:45, Richard J. Pearson
- Checklist of Filing Procedures
- What Schedules to File
- The Bankruptcy Petition
- Statement of Financial Affairs
- Monthly Budget
- Property and Debt Listings
- Pros and Cons of Electronic Filing
- Filing Do's and Don'ts
- Planning the 341 Meeting
2:15 - 2:45, Nauni J. Manty
- Purpose of the Meeting
- Who Should Attend
- Questions to Expect and Prepare For
- Proofs of Claim
- Understanding the Automatic Stay
2:45 - 3:45, Nauni J. Manty
- Broad Scope of the Automatic Stay
- Mortgage Servicing Issues
- Motion for Lift of Stay: How, Why You Can Request It
- Monetary Sanctions for Automatic Stay Violation Where Notice is Lacking
- Terminating the Stay
- Changes in the Automatic Stay Due to Reform Legislation
- Harassment Issues
- Drafting Chapter 13 Repayment Plans
3:45 - 4:45, Troy Fox
- What is the Best Timeline for Your Client?
- When Conversion to Chapter 7 is Applicable
- How to Enforce and Modify Plans
- Standards of Confirmation
- Role of Exemptions in Chapter 13
- Best Interests of Creditors Test and Best Efforts Test
- Payment of Priority Claims and Secured Claims on Personal Property
- Lien Stripping
- Structuring Payments - A Case Study
- Negotiating Plan Payments with the Trustee
- Plan Confirmation and Modifications
- Reviewing Ethics
5:00 - 6:00, Troy Fox
- Charging Attorneys' Fees
- Intermingling Activities of Collection Agency and Attorney
- Avoiding Violations of the Discharge Injunction
- Zealous Advocacy vs. Candor with the Court
- Common Situations for Concern
This basic-level course provides step-by-step instruction on filing consumer bankruptcy for:
- Attorneys new to the bankruptcy field
- Credit analysts
- Bankruptcy coordinators