Essential Attorneys’ Guide to Bankruptcy and Restructuring
Date: Dec 12, 2023 10:00 a.m. – 1:35 p.m.
Member Price: $160
Non-Member Price: $200
Areas of Law: Bankruptcy
Earn up to 4 credits, including 1.2 in Ethics! (More Information)
- Joao F. Magalhaes, Esq.
- PRESIDENT, Association of Portuguese Speaking Attorneys of New Jersey, NJSBA
Connell Foley LLP, Roseland
- Joseph Shapiro, Esq.
- Middlebrooks Shapiro, P.C., Springfield
This is comprehensive and easy-to-understand bankruptcy and restructuring seminar that attorneys have been waiting for. This innovative seminar is packed with information about both consumer and business matters, from varying viewpoints and perspectives. There will also be discussion time allotted to alternative solutions, paralegal skills and training, and ethical considerations. Even more – it will feature an overview of how COVID-19 impacted all of these issues.
Register today to gain clarity into the world of bankruptcy and restructuring - this seminar will give you the confidence you need to begin navigating both federal and state debtor/creditor proceedings.
Learn the basics of handling bankruptcy and restructuring matters in your practice, including:
- 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;
- Introduction to the other Chapters, specifically 9 and 12;
- 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; and
- 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;
- 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?; and
- 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;
- Income and debt limitations for each Chapter of the Bankruptcy Code, and means-testing;
- Notice and service of process concerns;
- Exemptions (state versus federal); and
- Complete petition versus emergency filing.