The Essential Attorney’s Guide to Bankruptcy & Restructuring

Date: Dec 2, 2021 9:00 a.m. – 12:00 p.m.

Location: Online

Event Code: I0446B21

Areas of Law:

Earn up to 4 credits, including 1.0 in Ethics! (More Information)

Faculty

Keynote

Moderator

Presenters

Joao F. Magalhaes, Esq.
Connell Foley LLP, Roseland
Joao F. Magalhães is Of Counsel to Connell Foley, LLP in Newark, New Jersey, where he concentrates his practice in corporate law and general counseling, commercial litigation, bankruptcy and regulatory affairs. As a restructuring professional, Mr. Magalhaes has assisted clients in both out-of-court workout negotiations and formal legal proceedings, representing entities ranging from national going concerns to local nonprofits. As a litigator, he has engaged in federal, state and multistate matters involving issues including contract disputes, debtor/creditor rights, partnership/shareholder disputes, insurance coverage, landlord/tenant disputes, employment/labor laws, tax litigation and legal ethics.

Admitted to practice in New Jersey and New York, and before the United States District Court for the District of New Jersey and the Southern and Eastern Districts of New York, and the Third Circuit Court of Appeals. He is a former member of the District V-B Ethics Committee and the Board of Directors of the Mental Health Association of Essex and Morris, Inc., serves on the Portuguese-American Leadership Council of the United States, Inc., and is a member of the Portuguese American Bar Association.

A lecturer for ICLE, Mr. Magalhaes is a former Barrister of the Bankruptcy American Inn of Court in the District of New Jersey, where he presented and lectured on several topics of significance to bankruptcy and restructuring practitioners. He is a writer and Coordinating Editor for the nationally-published American Bankruptcy Institute (ABI) Journal, and is the recipient of several honors.

Mr. Magalhaes received his B.S. from Villanova University, where he was a member of the National Honor Society of Collegiate Scholars, and his J.D. from Seton Hall University School of Law. As a law student, he served as Vice President of the Criminal Law Society and as Social Chair for the Corporate Law Society.
Joseph Shapiro, Esq.
Middlebrooks Shapiro, P.C., Springfield
Joseph M. Shapiro is a Partner in Middlebrooks Shapiro, P.C. in Springfield, New Jersey. He concentrates his practice in commercial bankruptcy, individual bankruptcy, creditor/debtor representation and bankruptcy litigation.

Admitted to practice in New Jersey and New York, and before the United States District Court for the District of New Jersey and the Southern and Eastern Districts of New York, and the Third Circuit Court of Appeals, Mr. Shapiro was appointed to the New Jersey State Bar Association Cannabis Law Committee in 2019 and has been a member of the New York State Bar Association, the Association of the Federal Bar of New Jersey and the Turnaround Management Association. In 2012 he served as a volunteer attorney with the Honorable Morris Stern Bankruptcy pro bono project (the Rutgers-Newark Bankruptcy Pro Bono Project).

A lecturer for ICLE, Mr. Shapiro is a former Barrister of the Bankruptcy American Inn of Court and teaches business law to undergraduate students as an Adjunct Professor at Union County College. He has served as a continuing legal education presenter with Marino Legal CLE and as a Judge in the Vincent J. Appruzzese Mock Trial Competition.

Mr. Shapiro received his B.F.A., magna cum laude, from the Savannah College of Art & Design and his J.D. from Seton Hall University Law School. While a law student, he served as a research assistant to Professors Carl H. Coleman and Gaia Bernstein.

The comprehensive and easy-to-understand bankruptcy and restructuring program that attorneys have wished for. This innovative program is packed with information about both consumer and business matters, from varying viewpoints and perspectives, and with discussion time allotted to alternatives, paralegal skills and training, and ethical considerations. New for 2020 is an overview of how the Small Business Reorganization Act (SBRA), the Coronavirus Aid, Relief, and Economic Security (CARES) Act, and COVID-19 have impacted all of these topics.

Purchase today to gain clarity into the world of bankruptcy & restructuring - this program will give you the confidence you need to begin navigating both federal and state debtor/creditor proceedings.

TOPICS INCLUDE:

  • Origins and purposes of bankruptcy law
  • Role of Bankruptcy Courts and jurisdictional/venue considerations
  • Introduction to the Bankruptcy Code
  • Introduction to the Federal Rules of Bankruptcy Procedure, and the Local Rules
  • Understanding the bankruptcy estate and debtor/creditor rights pre- and post-filing
  • Individual bankruptcies under Chapters 7, 11 and 13 of the Bankruptcy Code
  • Corporate/business association bankruptcies under Chapter 11 of the Bankruptcy Code
  • Overview of the “other Chapters”: Chapters 9, 12, and 15
  • Involuntary petitions
  • Understanding the administration of the bankruptcy estate: trustee versus debtor-in-possession
  • Creditor strategies and the claims/distribution process
  • Trustees and their powers of avoidance
  • Treatment of liens, contracts, and leases
  • Role of other types of participants: restructuring officers, creditor committees, ombudsman, and more
  • Overview of mid-to-higher level issues and strategies for corporate bankruptcies
  • Bankruptcy alternatives
  • The impact of COVID-19 on the practice

Ethical considerations to be discussed include:
• Attorney’s duties under Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA)
• Debtor’s duties and obligations under the Bankruptcy Code
• Trustee’s duties and obligations in administering the bankruptcy estate
• Cooperating with the Office of the United States Trustee
• Debtor-in-possession: umpire or advocate?
• Conflicts of interest

Paralegal perspectives to be discussed include:
• Overview of local bankruptcy forms - recommended versus approved
• Overview of electronic filing and the electronic docket
• Managing client intake
• Overview of the bankruptcy petition, schedules, and statement of financial affairs
• Debt limitations and means-testing
• Notice and service of process concerns
• Exemptions issues, including state versus federal
• Complete petition filing versus emergency filing

CLE Credits
NJ CLE:NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 4 hours of total CLE credit, including 1.0 in Ethics (Full Credits Available: NJ Ethics: 1.0, NJ General: 3.0).
NY CLE (t&nt):NY Ethics Transitional: 1.0, NY Professional Practice Transitional: 3.0
PA CLE:PA Ethics Credit: 0.5, PA Substantive Credit: 2.5
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program.

Important Information About Our Events, Meetings, and More:
To secure your spot and receive important updates about our events, meetings, and other gatherings, such as schedule changes, remember to register in advance.

Cancellation and Refund Policy:
If you need to cancel your registration and are not transferring to another program or date, please submit a written request to us at least three business days before the event, meeting, or gathering. You will receive a refund minus a $20.00 cancellation fee. No refunds or registration changes will be issued within three business days of the event, meeting, or gathering.

Stay Informed:
Registered participants will be notified of any schedule changes. For updates regarding inclement weather, please check your email or visit NJSBA.com.

Media Consent:
By participating in our events, meetings, or other gatherings, you agree to be photographed and/or recorded. Additionally, all media content captured during these gatherings will become the property of NJSBA. This content, including your image and name, may be used in our future promotional materials without additional consent or compensation.

Scholarship & Financial Assistance Policy:
Read our Scholarship & Financial Assistance Policy and submit an Application here: https://njsba.com/njicle/cle-programs/scholarship/

 

About


Founded in 1899, the NJSBA is the largest organization of attorneys, judges and legal professionals in New Jersey. At the core of our mission is improving the lives of our members, advancing the rule of law and serving as the voice of the profession. With 85 sections and committees, the NJSBA allows attorneys to benefit from being part of the most wide-reaching legal association in the state, while still cultivating expertise and building networks within specialized practice areas.

MORE ABOUT NJSBA

Diversity


The New Jersey State Bar Association is committed to promoting and fostering a diverse and inclusive bar association. The Association recognizes that the broad concept of diversity includes race, ethnicity, gender, gender identity, sexual orientation, religion, age and disability. The NJSBA fosters and promotes an inclusive environment that gives value to the unique contributions of diverse individuals and organizations in all aspects of the Association.

Learn More

Advocacy


The NJSBA Legal and  Government Affairs Department serves as the liaison between NJSBA members and the state’s three branches of government.

News and Press Publications


Learn more about the accomplishments of the Association, its members and events from regular news updates, press releases, and our award-winning magazine.


 

Reports


Read the comments, reports, resolutions and Board of Trustee news from the state’s largest organization of lawyers, judges and legal professionals.


 

Statements and Positions


The NJSBA is the voice of the profession and takes public positions on a range of issues with the legal community and government officials. It also takes positions on legislation and files friend-of-the-court briefs on matters that impact the profession. 

Photo Galleries


Check out photos from recent NJSBA events.

View Photo Albums

Directions

The New Jersey Law Center is located at 1 Constitution Sq, New Brunswick, NJ, 08901. Need directions to the Law Center? Click on the button below to get started right away.

Contact NJSBA

NJSBA Contact Us Form
If you're looking for an attorney, click here for help.

If you cannot afford an attorney and have a civil matter, click here for Legal Services of New Jersey.

Looking for information about a specific lawyer? Contact the Lawyer’s Fund for Client Protection at 855-533-3863.

Have a complaint about a lawyer? Visit the Office of Attorney Ethics website. Select “Attorney Discipline” from the navigation bar for discipline of attorneys.

Contact Info

One Constitution Square
New Brunswick, NJ 08901

732-249-5000
9 a.m. to 5 p.m., Monday - Friday

Fax 732-249-2815

Email us

Book Store


Authoritative. Comprehensive. The Industry Standard.

NJICLE legal treatises and books are written for New Jersey attorneys, by New Jersey attorneys. Our comprehensive library of books and treatises form the State’s most inclusive series of regionally focused legal materials. With titles covering virtually every aspect of New Jersey legislation, NJICLE is proud to be the professional development resource for the legal community.

You do not have permission to view this form.