Confidently Handle Complex Consumer Bankruptcy Cases
Keep the cases you would normally refer! This beyond-the-basics course is your chance to spend the day with veteran practitioners walking through complicated bankruptcy scenarios and discussing how to handle them. This practical approach will give you the knowledge necessary to work through a cascade of interacting issues and correctly file these tricky cases. Register today!
- Learn how to handle complications that casual bankruptcy practitioners may be overwhelmed by, so you can effectively advise clients and take referrals on complex cases.
- Confidently file bankruptcies involving cross-collateralization, multiple and varied assets, dischargeability issues and other challenges.
- Understand how various factors interact dangerously to create timing and schedule issues.
- Discuss real-life case studies with fact patterns, so you not only know how the law applies but are also prepared to assist clients with their filings.
- Get experienced faculty's solutions for complications that are typically overlooked by neophytes.
- Avoid malpractice claims for inadvertent filing errors.
All times are shown in Eastern time
- Means Test Complications - Beyond Median Income
10:00 - 10:45, Tara Gaschler Salinas
The debtor fails the median income test. Does this mean she's bound for Chapter 13? Experienced faculty will show you what the casual bankruptcy practitioner may miss. Find out what to look for in a complete expense analysis, IRS expense guidelines, and unlisted Court allowances.
- Divorce Settlement Issues
10:45 - 11:30, Lawrence D. Hirsch
An ex-husband loses his executive-level position and, because of health problems and a lack of savings, files for bankruptcy. How does this affect his divorce settlement agreement or court order? If this results in a complaint to deny discharge, is there a possibility of complaint success? Examine the fact patterns with experienced practitioners and find out!
- Debtor Owns a Small Business and Real Estate
11:45 - 1:15, Donald D. Allen
A married couple owns a corporation that operates a small business. They also own limited liability companies that own real estate investments. The couple and the entities face financial hardships. Under what chapters of the bankruptcy code could the entities file for bankruptcy? Walk through the issues this situation presents with faculty touching on personal liability for business debt, choice of entity, plans under Chapter 11 and 13, and dischargeability.
- Estate Complications
1:45 - 2:30, Lawrence D. Hirsch
The Smiths know they are in financial trouble, but before calling you to discuss filing for bankruptcy, they purchase an expensive homestead and load money into Mr. Smith's 401K and their IRAs. Using this case study, experienced faculty will highlight the issues involved in "bankruptcy estate planning," including means test complications.
- Leaves of Automatic Stay
2:30 - 3:00, Lawrence D. Hirsch
Mr. and Mrs. John Doe filed for bankruptcy, but there are tort claims asserted against John Doe. Can automatic stays be lifted to allow personal injury and other actions to proceed? Experienced faculty will show you what options are available.
- Preferences and Fraudulent Transfers
3:15 - 4:00, Donald D. Allen
A young married couple sold their house and got $22,000. They used the money as a down payment on a new house titled to the wife's father, who got the financing for them. Unfortunately, they have to file for bankruptcy. Is the money they put down on the house a preference or a fraudulent transfer, or nothing? Examine this scenario and others to gain a better understanding of preferences and fraudulent transfers.
- Ethical Considerations
4:00 - 5:00, Tara Gaschler Salinas
Discuss some of the ethical conundrums that may arise during bankruptcy cases, including conflicts of interest, billing attorney's fees, and issues with full disclosure and asset transfers.
This program provides beyond-the-basics bankruptcy techniques for attorneys. It may also benefit financial planners and credit analysts.