The Essential Attorney’s Guide to Bankruptcy & Restructuring
Date: Dec 2, 2021 9:00 a.m. – 12:00 p.m.
Areas of Law:
Earn up to 4 credits, including 1.0 in Ethics! (More Information)
- Joao F. Magalhaes, Esq.
- Connell Foley LLP, Roseland
- Joseph Shapiro, Esq.
- Middlebrooks Shapiro, P.C., Springfield
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.
- 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