Bankruptcy 101: Chapters 7 and 13

Audio program! (check our CLE Programs page for live versions)

Bankruptcy practice is a very specialized field. Chapters 7 and 13 involve complicated procedures, law, issues and players.

This seminar will provide you with an introduction to handling Chapters 7 and 13 Bankruptcy cases with a focus on the practical aspects you need to know to represent your clients.

See below under “What you will learn” for an agenda of topics.

This program, covering federal law, was recorded in Florida in 2015.

 

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What You Will Learn

Introduction & Overview of Bankruptcy Practice

  • Overview of bankruptcy court
  • Resources available on court website
  • CM/ECF Issues
  • Motion Practice
  • Adversary Proceedings
  • Appeals
  • Ethical Issues

Debtor’s Representation, Chapter 7

  • The concept of Chapter 7
  • Counsel’s “Toolkit”
  • Prepetition information gathering process
  • Income, expenses, and Means Test
  • Credit counseling certificate
  • Filing and its effect
  • 4002 Documents
  • 341 meeting
  • 60 day deadline for discharge complaints
  • Financial education requirement
  • Discharge
  • Interaction with Chapter 7 trustee and US trustee
  • Treatment of types of claims
  • What happens to assets?

Chapter 13 Basics, Debtor’s Representation, Role of the Trustee

  • Overview
  • Client Responsibilities and Information
  • Drafting Plan, Schedules and Statements, Means Test
  • Filing Documents/Paying Court Filing Fee
  • Getting Attorney Fees Paid
  • Section 341 Meeting
  • Plan confirmation issues
  • Role of Chapter 13 Trustee
  • Post-Confirmation Issues
  • Debtor Financial Education
  • Completion of Plan and Discharge

Creditor’s Representation, Chapters 7 and 13

  • Overview of Creditor’s Rights
  • Rights of Creditors in Special Situations
  • Treatment of Secured Claims in Reorganization Cases
  • Judgment Lien Avoidance
  • Exceptions and Objections to Discharge
  • Dismissal and Conversion
  • Attorney Cooperation with Trustees

Role of the Trustee in Chapter 7 Proceedings

  • Overview
  • Preparing for the Sec 341 Meeting of Creditors
  • Liquidation of Assets
  • Objections to Exemptions, Discharge and Abusive Filings
  • Why Can’t We Just Get Along?
  • Tax Issues for your Clients

Testimonials

“Completely satisfied.”

“Very good session providing a thorough intro to Ch 7 & 13.”

“I got a basic understanding of bankruptcy law which was my goal.”

“I was impressed.”

“Very good speakers.”

Faculty

 

Jeffrey P. Bast, Esq.
Partner
Bast Amron, Attorneys at Law

Jeffrey Bast’s practice focuses on bankruptcy and insolvency, emphasizing corporate reorganization, restructuring, creditors’ rights, workouts, and commercial litigation in several industries, including real estate, retail, healthcare, telecommunications, internet and technology, hotels, textiles, transportation, franchise operations, travel, aviation, manufacturing, and financial institutions.

Jeff also provides insolvency-related advice and has extensive experience with all aspects of bankruptcy litigation, appeals and legal opinions for complex transactions.

He now represents corporate debtors, shareholders, trustees, receivers, indenture trustees and creditors’ committees, as well as financial institutions and other secured and unsecured creditors in complex workouts, reorganizations and liquidations.


John L. Heller, Esq.
Director, Advisory Services Division
Marcum LLP

John L. Heller is a Director in the Firm’s Advisory Services Division. He joined the Firm in 2008 from Barbee & Associates where he had been an associate since beginning his professional career in 1992.

Mr. Heller specializes in forensic accounting, litigation support and management duties for bankruptcy, insolvency, and litigation clients including numerous debtors, receivers, and panel trustees. His experience includes temporary business management of Chapter 11 properties and businesses; forensic review of books and records; identification and retrieval of concealed assets; analysis of preferential and fraudulent transfers; analysis of claims; solvency analyses; preparation of operating reports; forecasts for continued operations; liquidation analyses for Chapter 11 confirmation; preparation of Chapter 11 bankruptcy schedules and statement of financial affairs; and litigation support and testimony.

In addition to working with numerous U.S. trustees and state and federal receivers, Mr. Heller has conducted investigations in conjunction with the Securities and Exchange Commission, the Federal Trade Commission, the Federal Bureau of Investigation, and the U.S. Attorney’s Office.


Linda Leali, Esq.
Attorney at Law
Linda Leali, P.A.

Linda Leali is the founding shareholder of Linda Leali P.A. She concentrates her practice on bankruptcy, creditors rights, and receivership. Ms. Leali has extensive experience and expertise with bankruptcy reorganizations, receiverships, debt restructuring and creditors’ rights. She has been involved in some of the largest cases in U.S. history including the bankruptcies of a Fortune 100 publicly traded energy producer, a publicly traded real estate development company, large privately owned physician staffing company and automotive parts manufacturer. Ms. Leali also regularly serves as a court-appointed receiver. She frequently lectures to both attorneys and judges on both bankruptcy and receivership law.

In 2014, Ms. Leali was appointed to the Resource Board of the National Association of Women Judges. NAWJ is the leading voice for women jurists throughout the United States. Ms. Leali co-chairs the NAWJ’s flagship voter education project titled Informed Voters, Fair Judges.

In 2014, Ms. Leali was also appointed as the Chair and Co-chair, respectively, of the Consumer Bankruptcy Committee and Avoidance Power Sub-committee of the American Bar Association.

In 2013, Ms. Leali was honored as a Leader in the Law by the Florida Association for Women Lawyers. She is also the recipient both in 2014 and 2011 of the President’s Award presented to the outstanding member of the Miami-Dade Chapter of the Florida Association for Women Lawyers.

Ms. Leali was born in Coral Gables, Florida, earned her J.D. Degree, magna cum laude from the University of Miami School of Law where she was a member of the University of Miami Law Review. She earned her Bachelor’s Degree in Accounting from the University of Central Florida.

Prior to founding the Firm in 2013, Ms. Leali practiced law at the Miami office of White & Case LLP for nearly 13 years.

Key Practice Areas:

Business Bankruptcy & Financial Restructuring

Consumer Bankruptcy

Creditor Rights & Bankruptcy Litigation

Receivership/Fiduciary Services


Jonathan S. Leiderman, Esq.
Founding Shareholder
Leiderman Shelomith Alexander + Somodevilla, PLLC

Jonathan S. Leiderman is a founding Shareholder at Leiderman Shelomith, P.A.  He handles personal bankruptcy and corporate bankruptcy matters.

Prior to forming the firm, Jonathan served as a law clerk to the Honorable Alan L. Postman, former Circuit Court Judge in Miami-Dade County, Florida.  Jonathan obtained a B.B.A. from the University of Massachusetts at Amherst and a J.D. from the University of Miami School of Law.


Kelly Roberts, Esq.

Berlin Patten Ebling

Kelly Roberts practices primarily consumer bankruptcy with an emphasis on debtor representation. Ms. Roberts has extensive experience and expertise with chapter 7 bankruptcy, chapter 13 bankruptcy, and the Southern District of Florida’s Mortgage Modification Mediation program. 

Ms. Roberts is a routine chapter 13 panelist at the different Bankruptcy Basics and Beyond programs presented by Put Something Back and the Dade County Bar Association. She is a member of the steering committee and presenter at the annual University of Miami Bankruptcy Skills Workshop. Ms. Roberts is also a frequent guest speaker for clinical and core bankruptcy classes at both the University of Miami School of Law and Florida International University. She is also serves as a mentor for law students taking on their first bankruptcy cases as part of the Eleanor R. Cristol and Judge A. Jay Cristol Bankruptcy Pro Bono Assistance Clinic.


Michael L. Schuster, Esq.

United States Attorney’s Office, SDFL

Michael L. Schuster concentrates his practice on bankruptcy, creditor remedies and civil litigation. Mr. Schuster represents trustees, committees, receivers and assignees as well as individuals and businesses. He has extensive experience in liquidation, debt restructuring and corporate reorganization including Chapter 7 and 11 bankruptcy proceedings, adversary proceedings, assignments for the benefit of creditors and workouts.

Mr. Schuster is an active member of the American Bankruptcy Institute and the Bankruptcy Bar Association for the Southern District of Florida. He is also active in the Eleanor R. Cristol and Judge A. Jay Cristol Bankruptcy Pro Bono Assistance Clinic and has participated in numerous bankruptcy conferences and seminars. Mr. Schuster has been recognized as a "Rising Star" by the Florida Super Lawyers magazine.

Mr. Schuster is a member of the Florida Bar and is admitted to practice before all State, District and Bankruptcy Courts in Florida. He has also made appearances in Bankruptcy Courts in Michigan, New Jersey and Minnesota.  Mr. Schuster received his Juris Doctor, cum laude, from the University of Florida College of Law, where he was President of the Florida Moot Court Board and a member of the Order of the Coif, the Order of the Barristers and Florida Blue Key. Mr. Schuster earned his Bachelor of Science in Psychology, cum laude, from the University of Florida College of Liberal Arts and Sciences, where he served on the student government as Student Senator and Judiciary Committee Vice-Chair.


 

Fees

Audio Course and Materials Package – CD or Download: $425

CD: plus $7.50 shipping and, in CA, sales tax.

CLE Credit

 

CA General:  This program is approved for 6.0 units of general CLE in California.

FL General:  This program is approved for 7.5 units of general CLE in Florida through May 12th, 2017.

This program is approved for CLE in the states listed above.  Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.

 

Terms and Policies

Recording policy: No audio or video recording of any program is permitted.

Seminar Cancellations: Should you be unable to attend for any reason, please inform us in writing no later than 14 days prior to the event and a credit voucher will be issued. If you prefer, a refund, less a $50 non-refundable deposit, will be issued. No refunds or credits will be given for cancellations received within 14 days of an event. However, if you notify us within 14 days of an event, and wish to convert your in-person attendance registration to an Audio CD package (with handout), we can do so. A small additional shipping charge, and sales tax in CA, will be incurred. No shipping charge is incurred for downloads. We will also issue a voucher for the amount paid if you notify us within 14 days and prefer not to have the audio recording.

Substitutions may be made at any time.

Webinars, Tele-seminars and Webcast Cancellations: Once log-in codes and passwords are issued for a webinar, tele-seminars or webcasts, a refund is not possible. If for any reason you cannot attend the event after you have received the codes, we will automatically convert your registration to an instant streaming/instant download or CD format and provide you with the information you need to access the recording after the program concludes and the recording is available.  Conversions to CD require a $7.50 shipping fee, and in CA, 9% sales tax.

Downloads/CDs/DVDs – Refund policy:

Downloads are non-returnable/non-refundable once purchased and received. Tapes, CDs and DVDs are returnable for a full refund or replacement if defective, within 90 days of purchase.

Reminder: The room temperature at hotels and other seminar locations are notoriously hard to control. Please bring a sweater or jacket in case it gets cold and/or layer as if you are going to the movies so you are comfortable.

$425.00 each

Recorded in 2015.

Clear