The Essential Guide to Bankruptcy and Restructuring 2023

Category: On Demand

Member Price: $200

Non-Member Price: $250

Product Code: ON044623

Areas of Law: Bankruptcy

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 Non-Transitional: 1.0, NY Professional Practice Non-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.
Faculty

Keynote

Moderator

Presenters


The comprehensive and easy-to-understand bankruptcy and restructuring seminar that attorneys have wished for. This innovative seminar 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. There is also an overview of how COVID-19 has impacted all of these topics.


Register today to gain clarity into the world of bankruptcy & 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 & 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”: Chapters 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
• 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
• Income and debt limitations for each Chapter of the Bankruptcy Code, and means-testing
• Notice and service of process concerns
• Exemptions including state versus federal
• Complete petition filing versus emergency filing


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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 attorney 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.

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